Terms & ConditionsLast updated: February 04, 2020
For conditions of booking, rental agreement or cancellation policies please see the segment below.
General Terms and Conditions
By using this website´s Online Payment facilities you are confirming these
Terms and Conditions.
Standard Terms & Conditions
These terms and conditions apply to all online card transactions made on the Mami 2009 Real Estate Agents (CIF 76792324) websites (www.mami2009.com or www.tenerifeprojects.com)
Please read these terms carefully before using the online payment facilities.
We may change these terms from time to time without notice.
Changes will apply to any subsequent transactions with Mami 2009 Real Estate Agents S.L.
On-Line Payments
If you have any questions about these conditions, You can contact us:
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 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 – please note, bookings made on our website are at a non-refundable rate and where possible charged a deposit by debit or credit card, the balance in payable in cash where possible, the price of the quote is based on this, should it not be possible to pay the balance in cash a different rate will apply.
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. Please note reservations made in our office are at a non-refundable rate.
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. Please note reservations made direct with us are at a non-refundable rate.
or
2.4. you can book on any of the major booking websites (OTA´s) under the terms & conditions and cancellation policy of the relevant site, these may vary.
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, one is a copy of the passport or ID-card for all persons staying to be sent prior to arrival via email.
Files need to be in a format that can be viewed by a photo or pdf viewer.
In addition we require flight number and or expected arrival time.
Compliance is a condition of stay.
Failure to comply means we will not be able to host you and the reservation will be cancelled without refund.
The information provided is subject to data protection laws, but you agree this information to be passed on to the relevant Government department for registration purposes.
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 can only be made for the same length of stay or longer, never shorter, if shorter the guest forfeits the days not stayed. The amendment carries 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.
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.
5.7. 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 the Booking Contract without prior notice.
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.
7.12. We reserve the right to enter the apartment at any time giving proper notice. In case of a complaint for neighbors, community office, administrator or authority we reserve the right to enter without any notice.
7.13. Check in is from 14:00 for apartments and 15:00 for villa´s.
Check out is before 11:00.
In some cases we allow earlier check in and later check out if available, but only by prior appointment and always subject to change if the conditions change (guest arriving same day or guest leaving at 11:00).
7.14. Air conditioning.
It is expected that guest make proper use of the air conditioners, with or without coin meters. Air conditioners are not be used when not present or with windows and doors open when present. In case of violation we reserve the right to remove the right of use of the air conditioner. The owner of the apartment is obliged to take care of maintenance of the air conditioning unit, but cannot guarantee the correct functioning of the unit and in case of disfunction will strive to have a repair take place as soon as possible, but the malfunctioning is never a basis for a refund or cancellation.
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
11. Refunds
11.1. In the case a refund needs to be issued we require the the bank account number in name of the person who made the original transfer.
Refunds are only done by bank transfer to an IBAN account number.
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. Refunds for amounts paid in cash will be returned by bank transfer only.
Payment will be done within 5 working days
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, these may vary, but they 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. Damage deposits & claims
13.1 Each property has an associated damage deposit ranging from € 150 / € 200 / € 250 / € 300 / € 450, for a: Studio / 1-bed / 2-bed / Villa / Large Villa´s -Villa Casa Blanca.
13.2 Damage deposits are usually not charged on arrival, but the right to do so during the stay or after departure is reserved solely at our discretion.
13.3 We can claim damages/compensation if the house rules were not adhered to or unreported damages occurred after providing you with the written detail and reasonable evidence.
13.4 Payment of any claim is in first instance voluntarily in agreement with you, if a claim is denied by you, but we have provided the evidence, we reserve the right to charge the card you have provided to pay the deposit.
13.5 Should the claim come from a third party (another Agent or Owner), we will establish the validity of the claim and if found to be correct pass on the card details to the third party providing they are a registered business licensed to rent apartments.
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.
14. Lost property
14.1. We are not responsible for items left in the apartments once a guest has vacated the property.
We will try our utmost to retrieve left items of value, but do not guarantee this and are not obliged to do so.
Items with a value under € 75,00 will not be kept, items with a higher value will be kept 1 week unless otherwise arranged.
At no time can guests claim for items they did not take on check out.