General Terms and Conditions
This is a free translation
Legal Framework
In compliance with current regulations, the entity FINCA MARÍA DE LA LUZ S.L. which operates through the Internet from the present website www.fincamariadelaluz.com sets out below the general conditions of contracting the services offered through said website and from which the rights and obligations of the parties are generated.
Identification
These General Terms and Conditions (hereinafter "Conditions") are intended to regulate the relationship between FINCA MARÍA DE LA LUZ S.L. (hereinafter the "Provider") and customers (hereinafter the "User"), relating to all transactions carried out through the website.
The Provider:
Company: Finca María de la Luz S.L.
Commercial Name: Finca María de la Luz S.L.
Cif: B93303972
Address: Diseminado Fuente del Algarrobo nº 10.
Town: Mijas
Province: Málaga
Post Code: 29650
Telephone: (+34)671461610
Email: admon@fincamariadelaluz.com
And of the other part:
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The User:
The user or client is understood to be the internet user who acquires this condition by registering on the website, using a form and is assigned a user key and password, for which he/she has full responsibility for use and custody, being responsible for the accuracy of the personal data provided to the provider, as we will see in the section on User Registration.
Acceptance
By accepting these Conditions, the User declares:
1. That he/she is a person with the capacity to contract according to current regulations.
2. That he/she has read and accepts these Conditions.
Availability
The User will always and in any case, prior to the beginning of the contracting procedure of the services, have access to the conditions, which may be stored and/or reproduced on a durable medium.
Validity or Duration
The period of validity or duration of these Conditions and particular conditions of contracting, will be the time that they remain published on the website mentioned and will be applicable from the time the user makes use of the website, and / or proceed to the hiring/purchase of any product.
Modifications
The provider reserves the right to unilaterally modify these Conditions, without affecting the contracting. The User commits to carefully read the contracting conditions, each time he/she proceeds to the contracting of any service since they may have been subject to modification since the last time he/she accessed.
Nullity
If any clause included in these Conditions is declared totally or partially null and void or ineffective, such nullity shall only affect such provision or the part thereof that is declared null and void or ineffective, and the Conditions shall subsist in all other respects.
Object of the Contract
The object of this contract is to regulate the contractual relationship that arises between the Provider and the User at the moment the latter accepts the purchase during the online contracting process by means of the mechanisms set forth below.
The contractual relationship entails the delivery of the reservation, in exchange for a determined price that is publicly displayed on the website.
Each service may be subject to specific regulation by their own specific conditions of contracting, of which more detail will be given in the section on warranty, refunds, withdrawal, or its respective category.
User Registration
The User at the time of booking will provide personal data, which will be required as mandatory: name and surname, email, phone and country, there are other personal data not mandatory, such as address, post code and city.
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The guest is responsible for providing accurate and complete information at the time of booking, including the number of guests, contact details and any special requests.
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The guest is responsible for complying with the Rules and Regulations of the Villa, as set forth by Finca Maria de la Luz SL, including, but not limited to, occupancy limits, noise levels and use of amenities.
Geographic Scope
This website operates throughout the world, mainly with customers throughout Europe. Hereinafter, this geographical scope will be understood as "the Territory". The use of this website as well as any reservation made on it is considered to be made in Spain, and therefore subject to the Spanish laws and regulations in force.
Product Information
The Provider pays great attention to the information regarding the characteristics of the villa through technical descriptions, and photographs.
La Ciruela is suitable for a maximum of 13 adults, La Finquita is suitable for a maximum of 15 adults and Casablu is suitable for a maximum of 24 adults. The number of guests staying overnight should not exceed this maximum without prior approval from Finca Maria de la Luz management.
Taxes, Currency and Shipping Costs
In accordance with current regulations, all purchases made through the website will be subject to Value Added Tax (VAT).
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The price includes 10% VAT, free WIFI, basic supplies (such as sugar, oil, etc.), a complete set of towels per person, use of the entire house, fully equipped kitchen and final cleaning of the house and pool. There is no breakfast included in the price.
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In any case, this will be expressed in Euro (€).
Language in which the Contract is Developed
The contracting procedure and pre-contractual information is in Spanish, English and French, these languages will be used to carry out the contract.
Steps of the Contracting Process / Purchase
1. Registration
In order to start the booking process in www.fincamariadelaluz.com, it is first necessary to fill in the mandatory data requested on the website.
2. Purchase process
The reservation process is simple:
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Connect to the website www.fincamariadelaluz.com
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Search for available dates and select the number of guests
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Book the villa
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Provide personal information
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Payment
Availability of the Product
The reservation is managed by a management software called smoobu that links calendars and availabilities, so the system informs you at the moment if the villa is available or not.
Types of Products
The website has illustrations of the villas, the different types of stays such as rental for events, holidays and weddings.
How to Cancel my Reservation
Once the reservation has been made:
a. If the guest cancels 180 or more days prior to the arrival date, he/she will receive a full refund of the total amount of the reservation.
b. If the guest cancels between 179 and 60 days prior to the arrival date, 30% of the total amount of the reservation will be non-refundable.
C. If the guest cancels between 59 and 30 days prior to the arrival date, 50% of the total amount of the reservation will be non-refundable.
d. If the guest cancels less than 30 days prior to the arrival date, no refund will be provided.
In the unlikely event that the villa is not available due to unforeseen circumstances, the villa rental company reserves the right to cancel the reservation. In such cases, the guest will be refunded the full amount of the reservation.
The guest may request changes to the reservation dates, subject to availability and approval by Finca Maria de la Luz management.
If the guest requests to change the reservation dates 60 or more days prior to the arrival date, no additional charges will be assessed.
If the guest requests to change the dates of the reservation between 59 and 30 days prior to the check-in date, a change fee of 25% of the total amount of the reservation may be charged.
If the guest requests to change the dates of the reservation less than 30 days prior to the arrival date, a change fee of 50% of the total amount of the reservation may be charged.
If the guest fails to check-in on the designated check-in date without prior notice, the villa rental company reserves the right to cancel the reservation and no refund will be given.
If guests are unable to arrive at the villas for any reason (illness, cancelled flights, etc.), there will be no refund. We recommend planning ahead for strikes that tend to be announced and checking for updates on your flights. You may adjust your travel plans and modify your reservation as long as you are within the free cancellation period.
In case of force majeure events such as natural disasters, pandemics or government imposed travel restrictions, Finca Maria de la Luz SL may provide alternative options or refunds at its discretion.
Delivery Time
Customers can book up to two years in advance. Reservations for Casablu and La Finquita must be made at least 3 days in advance, and La Ciruela can be booked at least 2 days in advance. Reservations can be made through our website, by email, telephone or alternative booking platforms.
A reservation request is considered confirmed only upon receipt of the reservation deposit, which is 30% of the total reservation amount.
The remaining balance of the total reservation amount and the refundable deposit must be paid by the guest no later than 60 days prior to the arrival date.
For reservations made within 60 days of the arrival date, full payment is required at the time of booking.
Reservation changes:
Changes to the reservation, such as modifications to dates, number of guests or other reservation details, may be requested by the guest, subject to availability and approval by Finca Maria de la Luz management.
Any changes to the reservation may result in additional charges, and the guest will be responsible for paying the difference in the total amount of the reservation. (See Cancellation Policy for more information)
Failure to comply with payment policies may result in cancellation of the reservation.
Invoice
The invoice will be sent to you by email.
Payment Methods or Modalities
In general, the User may choose from the following form of payment:
A) By credit/debit card, for which he/she shall provide, among others:
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name and surname(s);
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card number;
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CVV/CVC;
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expiration date of the card;
Once you have validated all the information about the reservation, a choice will appear to choose which payment method you want to use and enter your data; In the event that the payment platform informs the denial of the card, it will automatically cancel the order, informing online and at the time, the customer of the cancellation as mentioned above.
B) By bank transfer
You must make the transfer to the account that will be indicated in due course.
IMPORTANT: The transfer must have the number of the invoice or of the reservation as a communication
C) By Iupay
You can make the payment of your purchase through Iupay. By choosing PayPal as payment method, the billing address previously indicated will be ignored, and will be taken into account the address registered in your Iupay account for billing purposes.
CASH ON DELIVERY IS NOT ACCEPTED.
The data from your card will not be stored in our database, as the card information will be filling in on the secure web of the chosen bank.
General Provisions on the Payment Process
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The payment order given by the User necessarily implies the adhesion to these Terms and Conditions as well as the particular conditions of the reservation
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No matter the payment method chosen by the User, all payments will be subject to the terms and conditions applicable to the User by the financial entities involved or by the secure payment platforms (e.g. Visa, Mastercard, Iupay, etc.)
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Once the payment has been made correctly, the User will receive a confirmation email.
The Provider reserves the right to cancel the reservation in the event that there are indications of fraudulent operations, bringing to the attention of the relevant authorities any conduct that may be subject to investigation for the prevention of fraud.
Returns of defective, damaged or incorrect products or exercising the Right of Withdrawal Refunds
Refunds, if applicable, will be processed within 14 business days after receipt of the cancellation request or any other eligible refund request.
We can provide you with an invoice for your travel insurance upon request.
Non-refundable rates cannot be used as credit towards another booking.
Please note that there may be currency exchange differences if you have a card that does not charge in € (Euros). We do not cover the fee or currency exchange rate. Please check with your bank.
Exceptions to the Right of Withdrawal
The right of withdrawal does not apply
Customer Service: Help, Suggestions and Complaints
At any time, you can contact us for help, suggestions or complaints by writing at admon@fincamariadelaluz.com, or by calling (+34)671461610 / (+34)952485608 from 8.00h to 17.00h.
Rights of the Provider
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Conserve, modify or suspend its website without prior notice.
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Modify the price of the offers.
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Refuse access to technological tools to customers in case of breach of these conditions.
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Retain full ownership of the service until full payment by the customer.
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Do not reproduce, sell or dispose of the information published by the Provider in all its contents without the express permission of the company itself.
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Proceed to correct or amend human or computer errors.
Limitation of Liability
All information provided by the User to the Provider and through the corresponding forms must be truthful. It is the User's responsibility to keep the data supplied to Provider duly updated. In any case, the Provider disclaims any liability for damages caused as a consequence of having provided false, insufficient, inaccurate or incorrect information.
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Access to the website does not imply any obligation on the part of Provider to verify the authenticity, suitability, completeness, accuracy, adequacy and updating of the information provided by the User through the corresponding forms.
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The Provider shall not be liable in those cases in which it corresponds to the parents, guardians or legal representatives of underage or disabled Users, to authorise the access, provision of personal information or use of the website or the contracting of any services provided through the applications or web platform. It will be the responsibility of the aforementioned parents, guardians or legal representatives to supervise the access and use of the minor or incapacitated to the contracting of products and services provided through www.fincamariadelaluz.com
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User access to the Content does not imply any obligation on the part of the Provider to control the absence of viruses or computer elements that may have any harmful effect on the User's computer equipment. In any case, it will be up to the User to have the necessary tools to detect such viruses or harmful computer elements. Consequently, the Provider shall not be liable for the possible damages caused in the computer equipment of the Users or third parties during the access to the Contents.
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The Provider shall not be liable for the interruptions that may occur in the electric or telecommunication services that prevent the Users from using the services offered.
Applicable Law and Jurisdiction
These conditions shall be governed or interpreted in accordance with Spanish law in that which is not expressly established. The provider and the user agree to submit any dispute that may arise from the provision of products or services subject of these conditions, to the Courts and Tribunals of the domicile of the user, in the event that the user is domiciled outside Spain, the provider and the user expressly waive any other forum, submitting to the Courts and Tribunals of the domicile of THE OWNER OF THE WEBSITE.
Platform for Online Dispute Resolution for Consumers and Traders
​The European Commission has launched a platform to help consumers and traders to resolve disputes relating to contracts made on the Internet.
Link to the platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=ES
Booking Policy
By booking the villa, the Guest acknowledges and accepts the booking policy as follows:
Booking
Bookings for Casablu and La Finquita must be made a minimum of 3 days in advance, and La Ciruela can be booked a minimum of 2 days in advance. Bookings can be made through our website, via emails, telephone, or alternative booking platforms.
Inclusions
The price includes VAT 10%, free wifi, basic supplies (such as sugar, oil, etc.), one complete set of towel per person, use of the full house, a fully equipped kitchen, and final cleaning of the house and pool. There is no breakfast provided in the price.
Booking Confirmation
a. A booking request is considered confirmed only upon receipt of a the booking deposit, which is 30% of the total booking amount.
b. The remaining balance of the total booking amount and the refundable deposit must be paid by the guest no later than 60 days prior to the check-in date.
c. For bookings made within 60 days of the check-in date, the full payment is required at the time of booking.
Booking Changes
a. Changes to the booking, such as modifications to the dates, number of guests, or other booking details, may be requested by the guest, subject to availability and approval by Finca Maria de la Luz Management.
b. Any changes to the booking may result in additional fees, and the guest will be responsible for paying the difference in the total booking amount. (See Cancellation Policy for more information)
Guest Responsibilities
a. The guest is responsible for providing accurate and complete information at the time of booking, including the number of guests, contact details, and any special requests.
b. The guest is responsible for complying with the rules and regulations of the villa, as provided by Finca Maria de la Luz SL, including but not limited to occupancy limits, noise levels, and use of amenities.
c. Any damages or losses caused by the guest during their stay at the villa will be the responsibility of the guest and may result in additional charges. (See Villa Rules and Regulations for more information)
Finca Maria de la Luz’s Responsibilities
a. We are responsible for providing the villa in a clean and well-maintained condition, with all amenities and services as described in the booking confirmation.
b. The villa rental company reserves the right to terminate the booking and evict the guest in case of violation of the rules and regulations, without refund.
Reservation and Payment
Failure to comply with payment policies may result in cancellation of the reservation.
Amendments
Finca Maria de la Luz SL reserves the right to update/ make changes to the booking policy at any time without notice. Guests are expected to review the most up-to-date version.
Cancellation Policy
By booking the villa, the Guest acknowledges and accepts the cancellation policy as follows:
Cancellation by the Guest
a. If the guest cancels 180 or more days prior to the check-in date, the guest will receive a full refund of the total booking amount.
b. If the guest cancels between 179 and 60 days prior to the check-in date, 30% of the total booking amount will be non-refundable.
c. If the guest cancels between 59 and 30 days prior to the check-in date, 50% of the total booking amount will be non-refundable.
d. If the guest cancels less than 30 days prior to the check-in date, no refund will be provided.
Cancellation by Finca Maria de la Luz
In the unlikely event that the villa becomes unavailable due to unforeseen circumstances, the villa rental company reserves the right to cancel the booking. In such cases, the guest will be provided with a full refund of the total booking amount.
Changes to Booking Dates
a. Changes to booking dates can be requested by the guest, subject to availability and approval by Finca Maria de la Luz management.
b. If the guest requests to change the booking dates 60 or more days prior to the check-in date, no additional fees will be charged.
c. If the guest requests to change the booking dates between 59 and 30 days prior to the check-in date, a change fee of 25% of the total booking amount may be charged.
d. If the guest requests to change the booking dates less than 30 days prior to the check-in date, a change fee of 50% of the total booking amount may be charged.
No-Show
a. If the guest fails to check-in on the designated check-in date without prior notice, the villa rental company reserves the right to cancel the booking and no refund will be provided.
b. If the guests cannot make it to the villas for any reasons (illness, cancelled flights, etc), there will be no refund. We recommend planning ahead strikes tend to be announced, and check your flights for updates. You may adjust your travel plans and amend your booking as long as you are within the free cancellation period.
Force Majeure
In case of force majeure events such as natural disasters, pandemics, or travel restrictions imposed by the government, Finca Maria de la Luz SL may provide alternative options or refunds at its discretion.
Refund Processing
a. Refunds, if applicable, will be processed within 14 business days after receiving the cancellation request or any other eligible refund request.
b. We can provide you with an invoice for your travel insurance upon request.
c. Non-refundable fees cannot be used as a credit for a later booking.
d. Please note that there can be currency exchange differences if you have a card that is not charging in € (Euros). We do not cover the currency exchange fee or rate. Please check with your bank.
Amendments
Finca Maria de la Luz SL reserves the right to update/ make changes to the cancellation policy at any time without notice. Guests are expected to review the most up-to-date version.
Villa Rules and Regulations
By booking the villa, the Guest acknowledges and accepts the terms and conditions set forth in this agreement.
Check-in and Check-out
Check-in time is any time after 16h00. Please inform us of your arrival time so we can welcome you and provide a tour of your holiday home. Check-out time is before 10h00. Early check-in or late check-out may be arranged with the villa management subject to availability and additional fees.
Maximum Occupancy
La Ciruela is suitable for a maximum of 13 adults, La Finquita is suitable for a maximum of 15 adults, and Casablu is suitable for a maximum of 24 adults. The number of guests staying overnight should not exceed this maximum limit without prior approval from Finca Maria de la Luz management.
Housekeeping
The villa will be cleaned prior to your arrival, and basic cleaning supplies will be provided during your stay. However, daily housekeeping services may not be included unless specified otherwise. Guests are responsible for keeping the villa clean and tidy during their stay, including washing dishes, disposing of garbage properly, and maintaining cleanliness in all common areas.
Smoking Policy
Smoking is strictly prohibited inside the villa. Smoking is only allowed in outdoor areas, and guests are responsible for properly disposing of cigarette butts in provided receptacles.
Pets
Pets are subject to a special authorisation of the management team. Guests must obtain prior approval for bringing pets and may be required to pay additional fees or adhere to specific pet-related rules.
See Pet Guidelines for more information.
Noise and Disturbance
Please be considerate of neighbors by keeping noise levels to a minimum, especially during quiet hours from 11:00 PM to 7:00 AM. Parties, events, or gatherings that may disturb the peace and tranquility of the villa or its surroundings are strictly prohibited without prior approval from the villa management.
Photography and Social Content
Photographs, films, or social content taken at Finca Maria de la Luz cannot be used for any commercial purposes without prior written consent from Finca Maria de la Luz management. We reserve the right to seek compensation for any use that violates our conditions.
Non-Serviced Area
Please note that we are not a hotel and do not have a reception. However, we are available to assist you with reasonable requests during your stay.
Use of Amenities
a. The use of the pool and other amenities is at the guests' own risk. Children must be supervised by adults at all times. Guests are expected to follow all safety rules and regulations provided by the Finca Maria de la Luz management, including proper use of pool equipment, no diving, and no glassware near the pool area.
b. Finca Maria de la Luz SL is not responsible if the swimming pool or any outdoor area cannot be used due to force majeure events such as heavy storms or bad weather conditions. No refund will be provided for not being able to use the pool or outdoor amenities. Weather conditions during the stay are beyond our control, and we cannot guarantee uninterrupted use of all amenities.
Lost or Forgotten Belongings
Guests may contact Finca Maria de la Luz management within 30 days after check-out to arrange for shipping or pick-up of lost/forgotten items. Shipping fees, including postage and packaging, and a 20€ handling fee, will be borne by the guest. We will ship the item within 7 working days and assume responsibility until it arrives at the post office, but not for any problems caused by the shipping company.
Damages and Losses during your stay
a. Guests will be held responsible for any damages or losses caused to the villa or its contents during their stay. Any damages or losses should be reported to Finca Maria de la Luz management immediately, and the cost of repairs or replacements will be charged accordingly.
b. Guests will be informed of any further damages caused to the villas or its content after departure, and the correct amount will be charged or retained from the deposit fee. Thank you for treating our villas like you would your home.
Safety and Security
Guests are responsible for their own safety and security during their stay. Please lock all doors and windows when leaving the villa and do not leave valuable belongings unattended. Finca Maria de la Luz SL is not responsible for any loss or damage to personal property.
Compliance with Laws
Guests are expected to comply with all local laws, regulations, and ordinances during their stay, including but not limited to noise ordinances, waste disposal regulations, and parking regulations. Finca Maria de la Luz SL shall not be held responsible for any legal issues or consequences arising from the Guest's failure to comply with such laws or regulations.
Liability
Finca Maria de la Luz and its representatives shall not be liable for any injuries, accidents, damages, losses, delays, or inconveniences caused during the stay, including but not limited to those caused by acts of nature, force majeure events, or third-party actions.
Applicable Legislation
The parties involved are subject to the jurisdiction and expertise of the Court and judges where the house is located. The laws of Spain, and in particular the current "Ley de Arrendamientos Urbanos" (Urban Rental Law), are applicable.
Amendments and Termination
Finca Maria de la Luz SL reserves the right to amend or terminate these rules and regulations at any time without prior notice. Guests are expected to review the most up-to-date version of the rules and regulations during their stay.
Termination of Stay
Finca Maria de la Luz management reserves the right to terminate a guest's stay for any violation of these rules and regulations.
Pet Guidelines
Pets are subject to a special authorisation of the management team. Guests must obtain prior approval for bringing pets and may be required to pay additional fees or adhere to specific pet-related rules.
Pet Policy
a. Only well-behaved and house-trained pets are allowed on the villa premises.
b. Guests must inform Finca Maria de la Luz management in advance if they plan to bring a pet.
c. Guests are responsible for their pet's behavior and must ensure that it does not cause disturbance or damage to the villa, other guests or neighbors.
d. Guests must keep their pets on a leash or under their supervision at all times while on the villa premises.
e. Pets are not allowed in the swimming pool of the villa.
Pet Care and Hygiene
a. Guests must provide all necessary supplies for their pet, including food, water, and bedding.
b. Guests must clean up after their pet's waste immediately and dispose of it in designated waste bins.
c. Guests are responsible for any damages caused by their pet to the villa or its surroundings and will be charged for the cost of repairs or replacement.
Vaccination and Health
a. Guests must ensure that their pet is up-to-date on all vaccinations and has a valid health certificate from a licensed veterinarian.
b. Guests must not bring a pet with any contagious diseases or parasites to the villa premises.
Liability and Indemnity
a. Guests accept full responsibility and liability for any injury, damages, or losses caused by their pet to the villa, its furnishings, other guests, neighbors, or staff members.
b. Guests agree to indemnify and hold the villa management harmless from any claims, damages, or liabilities arising from their pet's actions or behavior.
Non-Compliance
Failure to comply with the pet guidelines may result in additional charges, termination of the rental agreement, or eviction from the villa without refund.
Booking Acknowledgment
By booking the villa with a pet, the Guest acknowledges and accepts the pet guidelines and agrees to comply with them throughout their stay.