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Terms & Conditions of Booking

TO SEE OUR e-terms & conditions CLICK HERE
TO SEE THE COVID-19 INFORMATION AND REGULATION CLICK HERE

———————————————————————————-

Last updated: June 21, 2020

1.     General

These terms and conditions (“The Contract”) are between Mami 2009 Real Estate Agents S.L. (CIF: B76792324) and shall bind the property owner or manager (“we”, “us” and “our”) and the holidaymaker(s) who book our property (the “Property”) through the Mami2009.com website or our Las Americas offices.
Each such booking is referred to in the Contract as a “Booking”.
References to “you” or “your” are references to the person making the booking and all members of the holiday party.

Any Booking is subject to The Contract.
The Contract and/or our confirmation email contain the entire agreement between us and you and forms the basis of your agreement with us so please read them carefully.
Nothing in this Booking Contract affects your usual statutory rights.

 PLEASE NOTE! WE STRONGLY ADVISE TO OBTAIN FULL COMPREHENSIVE TRAVEL INSURANCE FOR YOUR ENTIRE HOLIDAY IN TENERIFE!

 2.     Making your Booking 

There are several ways in which a Booking can be made by you.
Either you can:
 

2.1.      book a Property with us by making the payment specified in the initial quote provided to you by us via the Website (the “Quote”).
The Booking shall be made and this Booking Contract shall be effective once the booking Initial Deposit or full payment has been received by Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales.
By paying the deposit you agree to our terms & condition of booking and the rental agreement.

 

or 

2.2.    make  a booking in person in our office in Las Americas, Parque Santiago 2 and pay the full payment or Initial Deposit for the Property.
The Booking shall be made and this Booking Contract shall be effective when Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales the full amount payable for the Property or the agreed Initial Deposit.
By paying the deposit you agree to our terms & condition of booking and the rental agreement.

or

2.3.    permit us to charge your credit or debit card for a specified amount.
The Booking shall be made and this Booking Contract shall be effective when Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales has received the full amount payable for the reservation or the agreed Initial Deposit.

or 

2.4.    you can book on any of the major booking websites (OTA´s) under the terms & conditions of the relevant site. 

If it is required that you: 

2.6  make a payment in full, then you must pay the full amount for the Booking to Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales by the due date;

or

2.7   pay an initial deposit (the “Initial Deposit”) followed by a balance payment (the “Balance”), then you must make both payments to Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales within the specified time periods.

2.8   You shall be required to pay the applicable damage deposit (the “Damage Deposit”), if required and cleaning fee and/or any other fees (“Other Fees”) as set out on the booking page as part of your payment in full or your Balance payment (as applicable).

 

 PLEASE NOTE! WE STRONGLY ADVISE TO OBTAIN FULL COMPREHENSIVE TRAVEL INSURANCE FOR YOUR ENTIRE HOLIDAY IN TENERIFE!

 

3.     Registration

We are obliged by Spanish law to register all guests staying in our properties with the appropriate Government department, for this purpose we require a number of details of all the guests in the party, you can supply these details by email, Whatsapp, or via the website on the booking form or on a special form if registering after having made a reservation with us directly or on any third party website.

The information provided is subject to data protection laws, but you agree this information to be passed on to the relevant Government department.

The required details for each guest are as follows: First Name, Surname, Nationality, Type of ID document ID document number, Date of Issue, Birth Date, Gender, Arrival Date

A form will be made available for this purpose on our website; www.mami2009.com or we will receive the information in our office in Parque Santiago 2, Las Americas.

 

4.    Paying for your Booking 

4.1.     If only the Initial Deposit is paid, it is required to pay the remainder on arrival as instructed on the booking page, by email or Whatsapp.

4.2.   If you fail to make the balance payment due to us in full and by the due-date we shall be entitled to treat your Booking as cancelled by you and the Cancellation Policy (as defined below and in article 12) shall apply. 

5.     Cancellation or Amendment

5.1.      If you need to cancel or amend your Booking you must write to us or email us or if booked on a third-party website change it there, as soon as possible.
A cancellation or amendment will not take effect until we confirm the change or cancellation or when you receive confirmation from the third party website.
The cancellation policy (“Cancellation Policy”) applies to your Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales reservations and we will only refund any amounts due to you in accordance with this Cancellation Policy. In principal “Initial Deposits” are not refundable.

5.2.    Amendments are always subject to availability, if not available the guest has no claim against us nor is the guest entitled to a refund.

5.3.    Amendments that require a manual change carry an administration charge of € 25,00 per occasion.

 

In the event that: 

5.4.    any Balance required from you is not paid in accordance with the time frames set out in the Cancellation Policy;

or 

5.5.    you do not arrive at the property within 12 hours of your arrival time without notifying us, we shall be entitled to treat your Booking as being cancelled by you and the Cancellation Policy shall apply.

If we cancel or amend your Booking 

5.6.    We would not expect to have to make any changes to your Booking once it is agreed between you and us, but sometimes problems occur and we do have to make alterations or, very occasionally cancel Bookings.

5.7.    If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your Booking. If we cancel your Booking, Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales will refund you any fees you have already paid to us.

5.8.   However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance). 

6.    The Property 

6.1.     You can arrive at the Property after the time specified by us and you must leave not later than by the time specified by us.
We will let you know these times in writing in advance of your stay.

6.2.    If your arrival will be delayed, you must contact us so that alternative arrangements can be made.
If you fail to do so you may not be able to gain access to the Property.
If you fail to arrive after 12 hours after 11:00 on the Arrival Date and you do not advise  the contact of your anticipated late arrival  we may treat the Booking as having been cancelled by you and we shall be under no obligation to refund you for fees already paid to us or supply (alternative) accommodation.
Please see the Cancellation Policy for further details.
 

7.    Obligations & House Rules 

7.1.      You agree to comply with the regulations set out in any property manual at the Property and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party. You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition.

7.2.    You agree to ensure that each member of your party is covered by a full comprehensive travel insurance (including cancellation under Force Majeure condition, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

7.3.    Under no circumstances can there be parties, loud noises or rowdy behavior on The Property or the complex.

7.4.    It is forbidden to invite “guests” onto The Property without the explicit approval of us.

7.5.    You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining, neighboring properties or the community management.

7.6.    You agree to take all necessary steps to safeguard your personal property while at the Property.
Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales is not responsible for the loss of any personal property.

7.7.    You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

7.8.    You cannot allow more people to stay in the Property than expressly authorized, nor can you change the makeup of the party during your stay in the Property, nor can you take any animals into the Property.
If you do so, we can refuse to hand over the Property to you, or can require you to leave it.

7.9.    You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this Booking Contract.

7.10. Failing to comply with the house rules can lead to unilateral cancellation without prior notice shall be under no obligation to refund you for any fees already paid to us in those circumstances.

7.11.   The use of wifi, tv signals, pool or any other amenities / services associated with The Property are always subject to availability and the lack of any of these amenities / services is no ground for a claim of any nature. 

8.    Complaints – Liability 

8.1.     Every effort has been made to ensure that you have an enjoyable and memorable holiday.
If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.

8.2.    It is essential that you contact us if any problem arises so that it can be speedily resolved.
It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified.

8.3.    Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway.
In particular, complaints of a transient nature (for example, regarding incorrect preparation of the Property) cannot possibly be investigated unless registered whilst you are in residence at the Property.

8.4.   Our maximum liability for losses you suffer as a result of us acting in breach of this Contract is strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Contract.
Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
 

9.    Purpose 

9.1.     Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business or commercial losses howsoever suffered or incurred by you.

For the avoidance of doubt, Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales shall not be liable to you or responsible for:

–      any issue between you and us regarding the Booking;

          any failure in relation to any payments due to the failure of a payment solution provided by a third party; and

          the rejection of any payment of yours by a third-party payment solution provider. 

 

10.  Miscellaneous 

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

10.2. If at any time any part of this Booking Contract 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.

10.3. This Booking Contract, together with the Cancellation Policy and any related correspondence contain the entire agreement between us and you relating to the Booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing.

10.4. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Contract.

10.5. We will not be in breach of this Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion, accident, natural disaster or Force Majeure conditions. 

11.   Refunds

11.1.    In the case a refund needs to be issued we require the transaction number as displayed on the credit / debit card receipt or the bank account number in name of the person who made the original transfer.

11.2.   If the original payment was made by card we will not always refund by card as we require to add details, for this purpose we would require the bank account details in the name of the person entitled to the refund (the person who booked and paid by card).

11.3.   If the original payment was made by bank transfer we will refund by bank transfer, we would require the bank account details in the name of the person entitled to the refund (the person who booked and paid by transfer). 

11.4.  In extreme cases we may choose to pay in cash, whether to pay in cash is at the sole discretion of us.

 PLEASE NOTE! WE STRONGLY ADVISE TO OBTAIN FULL COMPREHENSIVE TRAVEL INSURANCE FOR YOUR ENTIRE HOLIDAY IN TENERIFE!

 

12.   Cancellation Policy 

12.1.   Reservations made on public booking websites (OTA´s) are subject to the cancellation policy of that particular website and are strictly enforced.

12.2.  Reservations made directly though the office of TRS or direct by phone, email, on the website or in person are subject to the standard cancellation policy which is strict, meaning; any deposits paid are not refundable, if paid in full there is no refund unless cancelled in writing no less than 60 days prior to the arrival date in which case 50% of the  total paid will be refunded, if cancelled within 30 days of arrival the guest pays the full amount of the reservation minus the cost of cleaning. If not cancelled or no show on the first day of arrival there will be no refund at all.

12.3.  In case of the above we will consider discounting any future reservation made within 3 months by the same Guest at the sole discretion of us.

12.4. In case of a partial or no refund guests should claim from their travel insurer.

12.5.  We are not responsible in any way for cancellations which are made due to situations beyond our control.

12.6.  There will be no deviation from the policy above unless forced to do so by law or if we feel compelled to do so at our own, sole discretion.

NOTE! From the 21st of June 2020 cancellations quoting Force Majeure or Extenuating circumstances due to the COVID-19 virus will no longer be honored.

13.   Law and Jurisdiction 

This Contract (including any non-contractual obligations arising under or in relation to this Contract) between you and us is governed by the law of Spain and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts of the Arona District in Tenerife, Spain.

 

TO SEE OUR e-terms & conditions CLICK HERE
TO SEE THE COVID-19 INFORMATION AND REGULATION CLICK HERE

———————————————————————————-

Last updated: June 21, 2020

1.     General

These terms and conditions (“The Contract”) are between Mami 2009 Real Estate Agents S.L. (CIF: B76792324) and shall bind the property owner or manager (“we”, “us” and “our”) and the holidaymaker(s) who book our property (the “Property”) through the Mami2009.com website or our Las Americas offices.
Each such booking is referred to in the Contract as a “Booking”.
References to “you” or “your” are references to the person making the booking and all members of the holiday party.

Any Booking is subject to The Contract.
The Contract and/or our confirmation email contain the entire agreement between us and you and forms the basis of your agreement with us so please read them carefully.
Nothing in this Booking Contract affects your usual statutory rights.

 PLEASE NOTE! WE STRONGLY ADVISE TO OBTAIN FULL COMPREHENSIVE TRAVEL INSURANCE FOR YOUR ENTIRE HOLIDAY IN TENERIFE!

 2.     Making your Booking 

There are several ways in which a Booking can be made by you.
Either you can:
 

2.1.      book a Property with us by making the payment specified in the initial quote provided to you by us via the Website (the “Quote”).
The Booking shall be made and this Booking Contract shall be effective once the booking Initial Deposit or full payment has been received by Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales.
By paying the deposit you agree to our terms & condition of booking and the rental agreement.

or 

2.2.    make  a booking in person in our office in Las Americas, Parque Santiago 2 and pay the full payment or Initial Deposit for the Property.
The Booking shall be made and this Booking Contract shall be effective when Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales the full amount payable for the Property or the agreed Initial Deposit.
By paying the deposit you agree to our terms & condition of booking and the rental agreement.

or

2.3.    permit us to charge your credit or debit card for a specified amount.
The Booking shall be made and this Booking Contract shall be effective when Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales has received the full amount payable for the reservation or the agreed Initial Deposit.

or 

2.4.    you can book on any of the major booking websites (OTA´s) under the terms & conditions of the relevant site. 

If it is required that you: 

2.6  make a payment in full, then you must pay the full amount for the Booking to Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales by the due date;

or

2.7   pay an initial deposit (the “Initial Deposit”) followed by a balance payment (the “Balance”), then you must make both payments to Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales within the specified time periods.

2.8   You shall be required to pay the applicable damage deposit (the “Damage Deposit”), if required and cleaning fee and/or any other fees (“Other Fees”) as set out on the booking page as part of your payment in full or your Balance payment (as applicable).

PLEASE NOTE! WE STRONGLY ADVISE TO OBTAIN COMPREHENSIVE TRAVEL INSURANCE FOR YOUR ENTIRE HOLIDAY IN TENERIFE!

 

3.     Registration

We are obliged by Spanish law to register all guests staying in our properties with the appropriate Government department, for this purpose we require a number of details of all the guests in the party, you can supply these details by email, Whatsapp, or via the website on the booking form or on a special form if registering after having made a reservation with us directly or on any third party website.

The information provided is subject to data protection laws, but you agree this information to be passed on to the relevant Government department.

The required details for each guest are as follows: First Name, Surname, Nationality, Type of ID document ID document number, Date of Issue, Birth Date, Gender, Arrival Date

A form will be made available for this purpose on our website; www.mami2009.com or we will receive the information in our office in Parque Santiago 2, Las Americas.

 

4.    Paying for your Booking 

4.1.     If only the Initial Deposit is paid, it is required to pay the remainder on arrival as instructed on the booking page, by email or Whatsapp.

4.2.   If you fail to make the balance payment due to us in full and by the due-date we shall be entitled to treat your Booking as cancelled by you and the Cancellation Policy (as defined below and in article 12) shall apply. 

5.     Cancellation or Amendment

5.1.      If you need to cancel or amend your Booking you must write to us or email us or if booked on a third-party website change it there, as soon as possible.
A cancellation or amendment will not take effect until we confirm the change or cancellation or when you receive confirmation from the third party website.
The cancellation policy (“Cancellation Policy”) applies to your Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales reservations and we will only refund any amounts due to you in accordance with this Cancellation Policy. In principal “Initial Deposits” are not refundable.

5.2.    Amendments are always subject to availability, if not available the guest has no claim against us nor is the guest entitled to a refund.

5.3.    Amendments that require a manual change carry an administration charge of € 25,00 per occasion.

 

In the event that: 

5.4.    any Balance required from you is not paid in accordance with the time frames set out in the Cancellation Policy;

or 

5.5.    you do not arrive at the property within 12 hours of your arrival time without notifying us, we shall be entitled to treat your Booking as being cancelled by you and the Cancellation Policy shall apply.

If we cancel or amend your Booking 

5.6.    We would not expect to have to make any changes to your Booking once it is agreed between you and us, but sometimes problems occur and we do have to make alterations or, very occasionally cancel Bookings.

5.7.    If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your Booking. If we cancel your Booking, Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales will refund you any fees you have already paid to us.

5.8.   However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance). 

6.    The Property 

6.1.     You can arrive at the Property after the time specified by us and you must leave not later than by the time specified by us.
We will let you know these times in writing in advance of your stay.

6.2.    If your arrival will be delayed, you must contact us so that alternative arrangements can be made.
If you fail to do so you may not be able to gain access to the Property.
If you fail to arrive after 12 hours after 11:00 on the Arrival Date and you do not advise  the contact of your anticipated late arrival  we may treat the Booking as having been cancelled by you and we shall be under no obligation to refund you for fees already paid to us or supply (alternative) accommodation.
Please see the Cancellation Policy for further details.
 

7.    Obligations & House Rules 

7.1.      You agree to comply with the regulations set out in any property manual at the Property and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party. You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition.

7.2.    You agree to ensure that each member of your party is covered by a full comprehensive travel insurance (including cancellation under Force Majeure condition, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

7.3.    Under no circumstances can there be parties, loud noises or rowdy behavior on The Property or the complex.

7.4.    It is forbidden to invite “guests” onto The Property without the explicit approval of us.

7.5.    You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining, neighboring properties or the community management.

7.6.    You agree to take all necessary steps to safeguard your personal property while at the Property.
Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales is not responsible for the loss of any personal property.

7.7.    You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

7.8.    You cannot allow more people to stay in the Property than expressly authorized, nor can you change the makeup of the party during your stay in the Property, nor can you take any animals into the Property.
If you do so, we can refuse to hand over the Property to you, or can require you to leave it.

7.9.    You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this Booking Contract.

7.10. Failing to comply with the house rules can lead to unilateral cancellation without prior notice shall be under no obligation to refund you for any fees already paid to us in those circumstances.

7.11.   The use of wifi, tv signals, pool or any other amenities / services associated with The Property are always subject to availability and the lack of any of these amenities / services is no ground for a claim of any nature. 

8.    Complaints – Liability 

8.1.     Every effort has been made to ensure that you have an enjoyable and memorable holiday.
If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.

8.2.    It is essential that you contact us if any problem arises so that it can be speedily resolved.
It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified.

8.3.    Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway.
In particular, complaints of a transient nature (for example, regarding incorrect preparation of the Property) cannot possibly be investigated unless registered whilst you are in residence at the Property.

8.4.   Our maximum liability for losses you suffer as a result of us acting in breach of this Contract is strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Contract.
Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
 

9.    Purpose 

9.1.     Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business or commercial losses howsoever suffered or incurred by you.

For the avoidance of doubt, Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales shall not be liable to you or responsible for:

–      any issue between you and us regarding the Booking;

          any failure in relation to any payments due to the failure of a payment solution provided by a third party; and

          the rejection of any payment of yours by a third-party payment solution provider. 

 

10.  Miscellaneous 

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

10.2. If at any time any part of this Booking Contract 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.

10.3. This Booking Contract, together with the Cancellation Policy and any related correspondence contain the entire agreement between us and you relating to the Booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing.

10.4. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Contract.

10.5. We will not be in breach of this Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion, accident, natural disaster or Force Majeure conditions. 

11.   Refunds

11.1.    In the case a refund needs to be issued we require the transaction number as displayed on the credit / debit card receipt or the bank account number in name of the person who made the original transfer.

11.2.   If the original payment was made by card we will not always refund by card as we require to add details, for this purpose we would require the bank account details in the name of the person entitled to the refund (the person who booked and paid by card).

11.3.   If the original payment was made by bank transfer we will refund by bank transfer, we would require the bank account details in the name of the person entitled to the refund (the person who booked and paid by transfer). 

11.4.  In extreme cases we may choose to pay in cash, whether to pay in cash is at the sole discretion of us.

 PLEASE NOTE! WE STRONGLY ADVISE TO OBTAIN COMPREHENSIVE TRAVEL INSURANCE FOR YOUR ENTIRE HOLIDAY IN TENERIFE!

 

12.   Cancellation Policy 

12.1.   Reservations made on public booking websites (OTA´s) are subject to the cancellation policy of that particular website and are strictly enforced.

12.2.  Reservations made directly though the office of TRS or direct by phone, email, on the website or in person are subject to the standard cancellation policy which is strict, meaning; any deposits paid are not refundable, if paid in full there is no refund unless cancelled in writing no less than 60 days prior to the arrival date in which case 50% of the  total paid will be refunded, if cancelled within 30 days of arrival the guest pays the full amount of the reservation minus the cost of cleaning. If not cancelled or no show on the first day of arrival there will be no refund at all.

12.3.  In case of the above we will consider discounting any future reservation made within 3 months by the same Guest at the sole discretion of us.

12.4. In case of a partial or no refund guests should claim from their travel insurer.

12.5.  We are not responsible in any way for cancellations which are made due to situations beyond our control.

12.6.  There will be no deviation from the policy above unless forced to do so by law or if we feel compelled to do so at our own, sole discretion.

NOTE! From the 21st of June 2020 cancellations quoting Force Majeure or Extenuating circumstances due to the COVID-19 virus will no longer be honored.

13.   Law and Jurisdiction 

This Contract (including any non-contractual obligations arising under or in relation to this Contract) between you and us is governed by the law of Spain and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts of the Arona District in Tenerife, Spain.

 

TO SEE OUR e-terms & conditions CLICK HERE
TO SEE THE COVID-19 INFORMATION AND REGULATION CLICK HERE

———————————————————————————-

Last updated: June 21, 2020

1.     General

These terms and conditions (“The Contract”) are between Mami 2009 Real Estate Agents S.L. (CIF: B76792324) and shall bind the property owner or manager (“we”, “us” and “our”) and the holidaymaker(s) who book our property (the “Property”) through the Mami2009.com website or our Las Americas offices.
Each such booking is referred to in the Contract as a “Booking”.
References to “you” or “your” are references to the person making the booking and all members of the holiday party.

Any Booking is subject to The Contract.
The Contract and/or our confirmation email contain the entire agreement between us and you and forms the basis of your agreement with us so please read them carefully.
Nothing in this Booking Contract affects your usual statutory rights.

 PLEASE NOTE! WE STRONGLY ADVISE TO OBTAIN FULL COMPREHENSIVE TRAVEL INSURANCE FOR YOUR ENTIRE HOLIDAY IN TENERIFE!

 2.     Making your Booking 

There are several ways in which a Booking can be made by you.
Either you can:
 

2.1.      book a Property with us by making the payment specified in the initial quote provided to you by us via the Website (the “Quote”).
The Booking shall be made and this Booking Contract shall be effective once the booking Initial Deposit or full payment has been received by Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales.

or 

2.2.    make  a booking in person in our office in Las Americas, Parque Santiago 2 and pay the full payment or Initial Deposit for the Property.
The Booking shall be made and this Booking Contract shall be effective when Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales the full amount payable for the Property or the agreed Initial Deposit.
By paying the deposit you agree to our terms & condition of booking and the rental agreement.

or

2.3.    permit us to charge your credit or debit card for a specified amount.
The Booking shall be made and this Booking Contract shall be effective when Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales has received the full amount payable for the reservation or the agreed Initial Deposit.

or 

2.4.    you can book on any of the major booking websites (OTA´s) under the terms & conditions of the relevant site. 

If it is required that you: 

2.6  make a payment in full, then you must pay the full amount for the Booking to Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales by the due date;

or

2.7   pay an initial deposit (the “Initial Deposit”) followed by a balance payment (the “Balance”), then you must make both payments to Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales within the specified time periods.

2.8   You shall be required to pay the applicable damage deposit (the “Damage Deposit”), if required and cleaning fee and/or any other fees (“Other Fees”) as set out on the booking page as part of your payment in full or your Balance payment (as applicable).

PLEASE NOTE! WE STRONGLY ADVISE TO OBTAIN COMPREHENSIVE TRAVEL INSURANCE FOR YOUR ENTIRE HOLIDAY IN TENERIFE!

 

3.     Registration

We are obliged by Spanish law to register all guests staying in our properties with the appropriate Government department, for this purpose we require a number of details of all the guests in the party, you can supply these details by email, Whatsapp, or via the website on the booking form or on a special form if registering after having made a reservation with us directly or on any third party website.

The information provided is subject to data protection laws, but you agree this information to be passed on to the relevant Government department.

The required details for each guest are as follows: First Name, Surname, Nationality, Type of ID document ID document number, Date of Issue, Birth Date, Gender, Arrival Date

A form will be made available for this purpose on our website; www.mami2009.com or we will receive the information in our office in Parque Santiago 2, Las Americas.

 

4.    Paying for your Booking 

4.1.     If only the Initial Deposit is paid, it is required to pay the remainder on arrival as instructed on the booking page, by email or Whatsapp.

4.2.   If you fail to make the balance payment due to us in full and by the due-date we shall be entitled to treat your Booking as cancelled by you and the Cancellation Policy (as defined below and in article 12) shall apply. 

5.     Cancellation or Amendment

5.1.      If you need to cancel or amend your Booking you must write to us or email us or if booked on a third-party website change it there, as soon as possible.
A cancellation or amendment will not take effect until we confirm the change or cancellation or when you receive confirmation from the third party website.
The cancellation policy (“Cancellation Policy”) applies to your Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales reservations and we will only refund any amounts due to you in accordance with this Cancellation Policy. In principal “Initial Deposits” are not refundable.

5.2.    Amendments are always subject to availability, if not available the guest has no claim against us nor is the guest entitled to a refund.

5.3.    Amendments that require a manual change carry an administration charge of € 25,00 per occasion.

 

In the event that: 

5.4.    any Balance required from you is not paid in accordance with the time frames set out in the Cancellation Policy;

or 

5.5.    you do not arrive at the property within 12 hours of your arrival time without notifying us, we shall be entitled to treat your Booking as being cancelled by you and the Cancellation Policy shall apply.

If we cancel or amend your Booking 

5.6.    We would not expect to have to make any changes to your Booking once it is agreed between you and us, but sometimes problems occur and we do have to make alterations or, very occasionally cancel Bookings.

5.7.    If this does happen, we will contact you as soon as is reasonably practical and inform you of the cancellation or the change to your Booking. If we cancel your Booking, Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales will refund you any fees you have already paid to us.

5.8.   However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance). 

6.    The Property 

6.1.     You can arrive at the Property after the time specified by us and you must leave not later than by the time specified by us.
We will let you know these times in writing in advance of your stay.

6.2.    If your arrival will be delayed, you must contact us so that alternative arrangements can be made.
If you fail to do so you may not be able to gain access to the Property.
If you fail to arrive after 12 hours after 11:00 on the Arrival Date and you do not advise  the contact of your anticipated late arrival  we may treat the Booking as having been cancelled by you and we shall be under no obligation to refund you for fees already paid to us or supply (alternative) accommodation.
Please see the Cancellation Policy for further details.
 

7.    Obligations & House Rules 

7.1.      You agree to comply with the regulations set out in any property manual at the Property and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party. You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition.

7.2.    You agree to ensure that each member of your party is covered by a full comprehensive travel insurance (including cancellation under Force Majeure condition, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

7.3.    Under no circumstances can there be parties, loud noises or rowdy behavior on The Property or the complex.

7.4.    It is forbidden to invite “guests” onto The Property without the explicit approval of us.

7.5.    You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining, neighboring properties or the community management.

7.6.    You agree to take all necessary steps to safeguard your personal property while at the Property.
Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales is not responsible for the loss of any personal property.

7.7.    You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).

7.8.    You cannot allow more people to stay in the Property than expressly authorized, nor can you change the makeup of the party during your stay in the Property, nor can you take any animals into the Property.
If you do so, we can refuse to hand over the Property to you, or can require you to leave it.

7.9.    You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this Booking Contract.

7.10. Failing to comply with the house rules can lead to unilateral cancellation without prior notice shall be under no obligation to refund you for any fees already paid to us in those circumstances.

7.11.   The use of wifi, tv signals, pool or any other amenities / services associated with The Property are always subject to availability and the lack of any of these amenities / services is no ground for a claim of any nature. 

8.    Complaints – Liability 

8.1.     Every effort has been made to ensure that you have an enjoyable and memorable holiday.
If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.

8.2.    It is essential that you contact us if any problem arises so that it can be speedily resolved.
It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified.

8.3.    Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway.
In particular, complaints of a transient nature (for example, regarding incorrect preparation of the Property) cannot possibly be investigated unless registered whilst you are in residence at the Property.

8.4.   Our maximum liability for losses you suffer as a result of us acting in breach of this Contract is strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Contract.
Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
 

9.    Purpose 

9.1.     Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business or commercial losses howsoever suffered or incurred by you.

For the avoidance of doubt, Mami 2009 Real Estate Agents S.L. t/a Tenerife Rental & Sales shall not be liable to you or responsible for:

–      any issue between you and us regarding the Booking;

          any failure in relation to any payments due to the failure of a payment solution provided by a third party; and

          the rejection of any payment of yours by a third-party payment solution provider. 

 

10.  Miscellaneous 

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

10.2. If at any time any part of this Booking Contract 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.

10.3. This Booking Contract, together with the Cancellation Policy and any related correspondence contain the entire agreement between us and you relating to the Booking and shall supersede any previous agreements, arrangements or discussions between you and us, whether oral or in writing.

10.4. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Contract.

10.5. We will not be in breach of this Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion, accident, natural disaster or Force Majeure conditions. 

11.   Refunds

11.1.    In the case a refund needs to be issued we require the transaction number as displayed on the credit / debit card receipt or the bank account number in name of the person who made the original transfer.

11.2.   If the original payment was made by card we will not always refund by card as we require to add details, for this purpose we would require the bank account details in the name of the person entitled to the refund (the person who booked and paid by card).

11.3.   If the original payment was made by bank transfer we will refund by bank transfer, we would require the bank account details in the name of the person entitled to the refund (the person who booked and paid by transfer). 

11.4.  In extreme cases we may choose to pay in cash, whether to pay in cash is at the sole discretion of us.

 PLEASE NOTE! WE STRONGLY ADVISE TO OBTAIN COMPREHENSIVE TRAVEL INSURANCE FOR YOUR ENTIRE HOLIDAY IN TENERIFE!

 

12.   Cancellation Policy 

12.1.   Reservations made on public booking websites (OTA´s) are subject to the cancellation policy of that particular website and are strictly enforced.

12.2.  Reservations made directly though the office of TRS or direct by phone, email, on the website or in person are subject to the standard cancellation policy which is strict, meaning; any deposits paid are not refundable, if paid in full there is no refund unless cancelled in writing no less than 60 days prior to the arrival date in which case 50% of the  total paid will be refunded, if cancelled within 30 days of arrival the guest pays the full amount of the reservation minus the cost of cleaning. If not cancelled or no show on the first day of arrival there will be no refund at all.

12.3.  In case of the above we will consider discounting any future reservation made within 3 months by the same Guest at the sole discretion of us.

12.4. In case of a partial or no refund guests should claim from their travel insurer.

12.5.  We are not responsible in any way for cancellations which are made due to situations beyond our control.

12.6.  There will be no deviation from the policy above unless forced to do so by law or if we feel compelled to do so at our own, sole discretion.

NOTE! From the 21st of June 2020 cancellations quoting Force Majeure or Extenuating circumstances due to the COVID-19 virus will no longer be honored.

13.   Law and Jurisdiction 

This Contract (including any non-contractual obligations arising under or in relation to this Contract) between you and us is governed by the law of Spain and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts of the Arona District in Tenerife, Spain.

 

Tenerife Rental & Sales ™ is the trade name of Mami 2009 Real Estate Agents S.L. (CIF: B767923249)

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