VACATION RENTAL SHORT TERM LEASE AGREEMENT ALMA ESCAPES SL

This Vacation Rental Short Term Lease Agreement (this “Agreement”) is made by and ALMA ESCAPES SL (“Owner”) and the guest who books a property of the Owner (“Guest”) as of the date a booking is confirmed by email after the downpayment (20%) of the booking has been received.

Owner and Guest may be referred to individually as “Party” and collectively as “Parties.” For good and valuable consideration, the sufficiency of which is acknowledged, the Parties agree as follows:

1. Property. The property is described in the email confirmation send by the Owner (the “Property”). The Property is owned by Owner. The Property is fully furnished by Owner and equipped for light housekeeping.

A starter supply of household cleaning and hygiene products may be available in the Property for use. Guest is responsible for purchasing any additional supplies and all food and beverages.

2. Rental Party. All persons in the rental party will be bound by the terms of this Agreement. Only persons listed on this Agreement may stay in the Property. “Rental Party” means Guest plus the number of additional guests confirmed in the email with the booking confirmation.

3. Maximum Occupancy. The maximum number of persons allowed to stay in the Property is limited to the number of guests mentioned in the booking confirmation, unless the Owner gives its prior written consent. A charge of €15.00 per person per night will be assessed for each person who stays in the Property in addition to the Rental Party. Guest will be charged without notice for additional persons staying in the Property and not disclosed to Owner.

4. Visitors. A visitor is an occupant of the Property who is not staying overnight. The total number of persons permitted in the Property at any given time, including visitors, is twentytwo (22). Any visitor staying overnight is subject to additional charges. No visitor will be allowed to use the common facilities, including any pools or outdoor area, when Guest is not on the Property. Vistors are only allowed after written approvement by the owner.

5. Rental Period & Check-In. The term of the lease is mentioned in the email with the booking confirmation. The Property will be ready for Guest’s occupancy beginning at 16:00/4:00 PM on the Arrival Date and the Property must be vacated by 11:00/ 11AM on the Departure Date, unless otherwise agreed by Owner. If Guest or any member of the Rental Party remains on the Property beyond the Departure Date, Guest will be responsible to pay the rental rate prescribed in Section 8 below for the period of time between Departure Date and the actual date Guest and all members of the Rental Property vacate the Property.

6. Keys & Access Codes. Owner will provide Guest with two (2) sets of key(s), which will unlock the front door to the Property. Guest is not allowed to make duplicate keys. A fee of € 300,- will be charged to Guest for failure to return a key. Any attempt to access a locked area is just cause for immediate termination of this Agreement, forfeiture of all rent paid, and Guest will be liable for any missing items or damage.

7. Rental Rules & Restrictions. Guest agrees to abide by the following restrictions by Owner (the “Rules”):
(A) Smoking is not permitted inside the Property
(B) Pets are not permitted to stay on furniture or stay alone at the property or outside
(C) Quiet hours are from 10:00 PM to 8:00AM and need to be respected and no outside music is allowed any time
(D) Garbage must be placed daily in the proper receptacles outside the property
(E) The oven, microwave and BBQ (if available) need to be cleaned in the same clean state as with the checkin. If not an additional € 75,- cleaning fee will be charged.
(F) All guests need to supply a copy of their passports for registration at the Spanish Authorities
(G) The Guest is fully repsonsible of the use of the pool and the pool cover needs to be closed at any time. It is prohibited to walk on the poolcover. Children under the age of 18 years old need to be supervised by an adult when using the pool. There is no lifeguard on duty
(H) The gym and sauna may only be used by adults. Children under the age of 18 years old need to be supervised by an adult. When using the sauna, somebody needs to be present all the time and when finished using the sauna it needs to be turned off.
(I) The fireplaces at the property are for decoration purpose only and it is not allowed to use them at any time due to risk on fire. Outside fires are strictly forbidden by law between April and October
(J) Group of youngsters (age 30 years or younger) are not allowed to book and stay. If any person in the Rental Party fails to follow any of the Rules or Instructions, the Guest may be asked to vacate the Property and Guest will forfeit all rent paid
(K) Events with outside visitors are not permitted unless written approvement by the Owner

8. Payment. Guest agrees to pay the rent and fees as described on the booking form. To confirm a reservation, 20% downpayment needs to be paid directly to reserve the dates of the reservation. The remaining balance and security deposit needs to be paid before 60 days of the arrival date. Only after a full payment the booking is confirmed. The security deposit (€ 2.000) will be refunded within 5 business days after checkout in case the property is left in good condition.

9. Cancellation. If Guest cancels the reservation

(A) more than 60 days before the Arrival Date, a full refund will be granted, including the downpayment
(B) within 30 days before the Arrival Date, no refund will be granted, aside the security deposit which will be refunded

10. Payment. Acceptable payment methods are: - bank transfers and major credit cards (+1,5% payment fee)

11. Cleaning. Daily housekeeping services are not included in the rental rate. Throughout the rental period, Guest will be responsible for keeping the Property clean and in good condition. Any unsafe or dangerous condition must be reported to Owner immediately. Guest acknowledges that on the Arrival Date, the Property is in good condition, except for any defect Guest may report to Owner by the end of the first day following the Arrival Date. The Property should be left in the same condition as it was found by Guest on the Arrival Date. Guest promises to leave the Property in good repair.

12. Furnishings. Furniture, bedding, kitchen equipment, utensils, and any other personal property supplied with the Property must not be removed from the Property. Loss of any items within the Property or damage to the Property or furnishings in excess of normal wear and tear will be charged to Guest. The Property will be inspected by Owner after Guest’s departure. All contents of the Property are the property of Owner. If an item should break, Guest must notify Owner immediately. Guest is not permitted to alter the wiring of any television, computer, or gaming equipment. Any displacement of furniture needs to be returned to the same position before the checkout.

13. Parking. Parking is limited to 60 spaces. Guest may only park in designated parking areas. Any illegally parked cars may be subject to towing and/or fines.

14. Mechanical Failures. Owner attempts to properly maintain the Property. While all electrical and mechanical equipment within the Property are in good working order, Owner cannot guarantee against mechanical failure of electrical service, stopped plumbing, water supply, heating, air conditioning, audio visual equipment, internet access, cable service, or appliances. Guest agrees to report any inoperative equipment or other maintenance problem to Owner immediately. Owner will make every reasonable effort to have repairs done quickly and efficiently. Guest will allow Owner or a person permitted by Owner access to the Property for purposes of repair and inspection. Owner is not responsible for any inconvenience that may occur and no refunds or rent reductions will be made due to failure of such items.

15. Acts of God. If there is a storm or severe weather and a mandatory evacuation order is issued by state or local authorities, Guest shall be entitled to a prorated refund for each night Guest is unable to occupy the Property. Owner will not be liable or deemed in default under this Agreement for any failure to perform or delay in performing any of its obligations due to or arising out of any act not within its control, including, without limitation, acts of God.

16. Limitation on Liability. Owner is not responsible for any accidents, injuries or illness that occur to any member of the Rental Party or Guest’s visitors while in the Property or on the Property. Owner is not responsible for loss of personal belongings or valuables belonging to any member of the Rental Party or any of Guest’s visitors. Guest agrees to assume the risk of any harm arising from use of the Property. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL OWNER BE LIABLE TO GUEST OR ANY OTHER PERSON FOR ANY DAMAGES OF ANY NATURE WHATSOEVER INCLUDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR GUEST’S RENTAL OF THE PROPERTY OR USE OF THE PROPERTY. IN NO EVENT WILL OWNER BE LIABLE FOR ANY DAMAGES IN CONNECTION WITH THIS AGREEMENT, EVEN IF OWNER SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

17. Indemnification. Guest acknowledges that the use of the Property by the Rental Party and Guest’s visitors is entirely at their own risk. Guest will indemnify and hold harmless Owner from any and all expenses, costs, damages, suits, actions, or liabilities whatsoever arising from or related to any and all loss of or damage to personal property, injury or death resulting from the use or occupancy of the Property or the failure of any member of Rental Party or Guest’s visitors to observe the Rules and restrictions set forth in Paragraph 7.

18. Violation of Agreement. If Guest or any member of the Rental Party violates any of the terms of this Agreement, including but not limited to maximum occupancy, visitors and rental rules and restrictions, Owner may evict Guest and the Rental Party from the Property and Guest will forfeit all rent and security deposit paid.

19. Governing Law. This Agreement and all transactions contemplated by this Agreement will be governed by, and constructed and enforced in accordance with the laws of Spain.

20. Attorneys’ Fees. If either Party brings legal action to enforce its rights under this Agreement, the prevailing party will be entitled to recover from the other Party its expenses (including reasonable attorneys’ fees and costs) incurred in connection with the action and any appeal.

21. Amendments. This Agreement may be amended or modified only by a written agreement signed by both Owner and Guest.

22. No Waiver. Neither Owner nor Guest shall be deemed to have waived any provision of this Agreement or the exercise of any rights held under this Agreement unless such waiver is made expressly and in writing.

23. Severability. If any provision of this Agreement is held to be invalid or unenforceable in whole or in part, the remaining provisions shall not be affected and shall continue to be valid and enforceable as though the invalid or unenforceable parts had not been included in this Agreement.

24. Notices. Any notice or communication under this Agreement must be in writing and sent via one of the following options: - personally delivered - sent by overnight courier service - certified or registered mail (postage prepaid, return receipt requested) - electronic email transmission

25. Successors and Assigns. This Agreement will inure to the benefit of and be binding upon Owner, its successors and assigns, and upon Guest and its permitted successors and assigns.

26. Entire Agreement. This Agreement represents the entire understanding and agreement between the Parties with respect to the subject matter of this Agreement and supersedes all other negotiations, understandings and representations (if any) made by and between the Parties.

Cancellation. If Guest cancels the reservation

(A) more than 60 days before the Arrival Date, a full refund will be granted, including the downpayment
(B) within 30 days before the Arrival Date, no refund will be granted, aside the security deposit which will be refunded