Terms and Conditions
Updated 06 February 2024
1. INTERPRETATION
1.1 The definitions of this clause apply to this agreement.
Property:
Term: 12 months renewable
Commission Fee: 18% (+ VAT) of the total value of each reservation made
Annual fee: €600 (+ VAT) Renewable every 12 months
1.2 The headings of the Clauses and Annexes do not affect the interpretation of this agreement.
1.3 Except when a contrary intention appears, a reference to a clause or Annex is a reference to a clause or Annex of this agreement.
1.4 Unless specified to the contrary, a reference to a law is a reference to it as it is in force at that moment taking into account any amendment, extension, application or new promulgation and includes any subordinate legislation at that moment in force made under so
1.5 The term person can be interpreted as a legal entity or a physical person, depending on the signatory of this contract.
1.6 The term “written” includes faxes and electronic mail.
1.7 Any reference to the to the Manager includes their respective personal representatives and rights holders.
1.8 The words that import in the singular will be interpreted as those that import in the plural and vice versa
1.9 When a party is made up of more than one person, the obligations and responsibilities of that party under this Agreement will be the joint obligations and responsibilities of those persons.
2. APPOINTMENT
The Owner designates the Manager and accepts to act as Manager/ legal representative of the Property. This appointment will enter into force from the Effective Date of this agreement.
3. MANAGER'S DUTIES AND OBLIGATIONS
3.1 During the continuation of its appointment, the Manager must:
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Observe the terms of the insurance policy in relation to the Property. The Manager will not be responsible for any damages caused to clients or guests if the Owner has not contracted liability insurance against this eventuality with a specialized insurance company.
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Attend to the integral management of the property as an accommodation unit with services exclusively.
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Supervise and organize any cosmetic redecoration and furnish the property completely, invoicing from the service to the owner prior to his direct and express written approval.
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Maintain information at all times to the owner of the issues that affect the Property.
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Organize all services, including cleaning and general maintenance, billing the owner accordingly
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Register all guests with the police authorities within 24 hours of their arrival.
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Organize a strict Meet and Greet Check-In service with the Management and the Guests
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Provide the Owner with a detailed quarterly statement, including all income and expenses, as well as updated photographic evidence of the level of the property, if required.
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Transfer all rental income received for the property quarterly minus administration costs and expenses.
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Verify the identity of all guests before occupying the property, as well as receive advance rent payments plus damage deposits.
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Allow the Owner access to the property at any time, for inspections when necessary and convenient for both parties, and no guests are present.
4. DUTIES AND OBLIGATIONS OF THE OWNER
4.1 During the validity of this agreement, the Owner must:
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Pay the mortgage interest and interest, if any, on the due dates
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Pay all public service bills, property supplies and taxes directly to the providers
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The Owner will establish adequate insurance and observe the terms of the insurance policies as they relate to the use of the property.
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Provide all the information that the Manager reasonably requires in relation to the administration of the property, such as all vacation rental license numbers, a copy of the insurance policy, corresponding keys and fobs, electrical appliance manuals, alarm codes, etc.
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The owner warrants that he has obtained the consent of his mortgage lender (if he had) that they have a charge on the Property in relation to short-term leases.
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Use the Manager to attend to all reservations of third parties, including friends and relatives, as agreed upon when necessary.
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Accept that any confirmed reservation (by the Manager) will have priority over any other reservation requested by the owner directly.
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In the event that the property becomes unhabitable for a guest for any reason (e.g., due to unforeseen maintenance issues/owners refusal to accept guests), the owner agrees to cover the costs associated with relocating the guest. These costs are specified in the relocation fee section below.
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Provide notification, by electronic mail, of all the personal reservations required by the owner.
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Accept payment of the first annual fee of €600 (+ VAT) to the management team. From the
payment of the first year, it is due immediately after the appointment of the Manager.
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The Manager reserves the right to carry out any maintenance work for a value of €100 without prior notice to the owner. Any work done will have a cost of 25€ per hour of work. Any quantity superior to a value of €100 will require written authorization from the owner.
5. RELOCATION FEES:
5.1 Relocation fees are charges applied when a guest must be moved from the originally booked property to an alternative location due to unforeseen circumstances rendering the property unsuitable for occupancy.
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The property management company may initiate a guest relocation if the original property experiences unforeseen issues that could impact the guest's experience, such as significant maintenance problems, safety concerns, or any other circumstances making the property unhabitable.
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Owners agree to cover all additional costs related to the relocation, including but not limited to the cost of accommodation at a comparable property, transportation, and any other necessary expenses to ensure the guest's comfort and satisfaction.
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Owners will be promptly notified of the need for a guest relocation and must provide the property management company with the necessary financial support to facilitate the relocation.
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Guest Compensation:
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Owners understand that guest satisfaction is a priority, and providing a comparable alternative accommodation is crucial to maintain a positive guest experience.
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By engaging in property management services with the property management company, owners acknowledge their responsibility for covering relocation fees as outlined in these terms and conditions. Any changes or updates to these terms will be communicated to owners in advance.
6. LIABILITY
6.1 The Owner will ensure that the necessary information is immediately provided to the Manager to allow him to carry out his functions correctly in accordance with the present Agreement. No liability shall be imposed on the Manager for any action or omission by the Owner when said action or omission is directly or indirectly due to any failure or delay in the provision of said information.
7. TERMINATION
7.1 This agreement can be terminated at any time by the Manager by means of a written notice of two months to the owner at any time OR immediately by means of a written notice to the owners if at any time: -
a) The owner must, with respect to an individual, declare himself bankrupt or be unable to pay his
debts or not have a reasonable prospect of being able to pay his debts;
(b) The owner incurs a serious breach of the provisions of this contract and/or has not remedied said breach within thirty days of the notification of the notification requesting its remedy.
7.2 This agreement can be terminated by the Owner by written notification to the Manager at any time or immediately by written notification to the Manager if at any time: -
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The management enters into concurso de creedores or liquidation;
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The Manager incurs a serious breach of the provisions of this contract and has not remedied said breach to the reasonable satisfaction of the Owner within the thirty days following the notification that requires remediation.
8. GENERAL TERMS
8.1 The parts of this contract are not associated with each other.
8.2 This agreement is for the benefit of the parties and does not pretend to benefit or be enforceable by anyone else. The Manager will be able to cede the benefit and the burden of the service object of this contract to another physical or legal person, who is dedicated to the same activity, who will then be the new Manager with the prior consent of the owner.
9. NOTICES
9.1 Any notice between the parties and inherent to the conditions of this agreement must be carried out in writing for or on behalf of the part that it is given and be delivered by electronic mail in the following manner:
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To Manager at: info@bella-property.com
Or to the Manager's agent or his legal representative, in any other address previously indicated and in writing to the Owner.