General Terms and Conditions
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This document was created using a Contractology template available at www.freenetlaw.com
Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 years of age to use this website. By using this website you warrant and represent that you are at least 18 years of age.
This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our AZ Tenerife Holidays’ use of cookies in accordance with the terms of AZ Tenerife Holidays’ privacy policy.
License to use website
Unless otherwise stated, AZ Tenerife Holidays and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.
You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- Republish material from this website (including republication on another website);
- Sell, rent or sub-license material from the website;
- Show any material from the website in public;
- Reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- Edit or otherwise modify any material on the website unless you are entitled to do so by AZ Tenerife Holidays (BYT Frontend submitter); or
- Redistribute material from this website (except for content specifically and expressly made available for redistribution).
Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without AZ Tenerife Holidays’ express written consent.
Restricted access
AZ Tenerife Holidays reserves the right to restrict access to areas of this website, or indeed this entire website, at AZ Tenerife Holidays’ discretion.
If AZ Tenerife Holidays provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.
AZ Tenerife Holidays may disable your user ID and password in AZ Tenerife Holidays’ sole discretion without notice or explanation.
User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to AZ Tenerife Holidays a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to AZ Tenerife Holidays the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or AZ Tenerife Holidays or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
AZ Tenerife Holidays reserves the right to edit or remove any material submitted to this website, or stored on AZ Tenerife Holidays’ servers, or hosted or published upon this website.
Notwithstanding AZ Tenerife Holidays’ rights under these terms and conditions in relation to user content, AZ Tenerife Holidays does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. AZ Tenerife Holidays makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, AZ Tenerife Holidays does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind.
Limitations of liability
AZ Tenerife Holidays will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.
These limitations of liability apply even if AZ Tenerife Holidays has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit AZ Tenerife Holidays’ liability in respect of any:
- death or personal injury caused by AZ Tenerife Holidays’ negligence;
- fraud or fraudulent misrepresentation on the part of AZ Tenerife Holidays; or
- matter which it would be illegal or unlawful for AZ Tenerife Holidays to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this website.
Other parties
You accept that, as a limited liability entity, AZ Tenerife Holidays has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against AZ Tenerife Holidays’ officers or employees in respect of any losses you suffer in connection with the website.
Credit Card Charges
Under no circumstances will AZ Tenerife Holidays be responsible for the charge fees or higher conversion rates that come from your host bank. Your credit card will be charged in the currency based on the location of your host bank. AZ Tenerife Holidays is not responsible for any extra hidden fees that are charged from your host bank. AZ Tenerife Holidays will always charge for the services in Euros. AZ Tenerife Holidays applies an extra charge 5% of total amount to be paid when paying via paypal or credit card.
Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify AZ Tenerife Holidays and undertake to keep AZ Tenerife Holidays indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by AZ Tenerife Holidays to a third party in settlement of a claim or dispute on the advice of AZ Tenerife Holidays’ legal advisers) incurred or suffered by AZ Tenerife Holidays arising out of any breach by you of any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to AZ Tenerife Holidays’ other rights under these terms and conditions, if you breach these terms and conditions in any way, AZ Tenerife Holidays may take such action as AZ Tenerife Holidays deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
AZ Tenerife Holidays may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
AZ Tenerife Holidays may transfer, sub-contract or otherwise deal with AZ Tenerife Holidays’ rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.
You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire agreement
These terms and conditions, together with terms of use and privacy policy constitute the entire agreement between you and AZ Tenerife Holidays in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Spanish law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Spanish jurisdiction.
Registrations and authorisations
AZ Tenerife Holidays’ details
AZ Tenerife Holidays is a business name under Pink Chilli Enterprises’ bussines name registered under name Lukas Nemynar.
AZ Tenerife Holidays is registered in Spain under registration number Y1448673D.
AZ Tenerife Holidays’ address is Calle Ruisenor 8, 38632, Palm-Mar, S/C Tenerife, Spain.
You can contact AZ Tenerife Holidays by email to info at aztenerifeholidays.com.
Holiday rentals
These Terms and Conditions clarify The Owner’s obligations to The Renter, The Renter’s obligations to The Owner, and in the very unlikely event of any disputes, will be used as the basis for any resolution. Please read them carefully before confirming your booking.
AZ Tenerife Holidays is not an owner of any property advertised on AZ Tenerife Holidays’ websie. AZ Tenerife Holidays’ website is a venue only which allows holiday property owners to advertise their properties on this site. AZ Tenerife Holidays does not act as an agent but AZ Tenerife Holidays may serve as a limited authorized agent of the Owner for the purpose of accepting payments from Guests on behalf of the Owner and is responsible for transmitting such payments to the Owner. AZ Tenerife Holidays does not act on behalf of the property owner in any case and all the communication regarding your holiday rental booking after proceeding the payment is to be held between you and the property owner.
Check-In and Check-Out: As stated in property’s description
An earlier Check-In and later Check-out may be possible after consultation with the owner but is not guaranteed.
Acceptance of these Terms & Conditions binds a contract between the following two parties:
The Rental Applicant (The Renter) and The Property Owner (The Owner)
Party Members
All persons listed on the Rental Agreement or added subsequently by The Renter will be bound by the terms of this agreement. Occupancy of the property is restricted to those names listed on the Agreement or added subsequently by The Renter. The Rental Applicant is considered to be the Lead Renter and will assume full responsibility for all members of the Rental Group throughout the rental period. Information or instructions relating to this rental will be communicated to the Rental Applicant only and not to any third-party member of the Rental Group.
Payments
A Reservation will be confirmed by AZ Tenerife Holidays once the full payment has been processed. A refundable deposit might be required by the Owner uppon arrival or in some cases together with the payment on AZ Tenerife Holidays’ website. Information about required deposit is stated in the description of each holiday property. In the event of a reservation not being accepted by The Owner, all fees paid will be refunded immediately. Any booking must be paid in full by credit card, via PayPal or bank transfer at the time of booking. No reservation may commence without full payment being cleared.
Once a reservation is received and accepted by The Owner, The Renter is liable for payment of the balance of the rental fee 45 days before occupation of the property. Non-payment by the due date will be treated as a cancellation and the deposit will be forfeited.
Cancellation Policy & Changing a Booking
Once a reservation has been accepted and confirmed, a cancellation can only be made in accordance with the terms below:
- If the period of rental can be re-booked, a refund for the period re-rented or the part thereof, less a cancellation fee of €200,00 will be issued.
- If any part of the rental period cannot be re-booked, the Renter will forfeit all monies paid for that period.
Occupancy of the Property
Regardless of the published maximum number of persons a property can accomodate, the number of guests occupying the Property is strictly limited to those named on the Rental Agreement or any subsequent amendment notified in writing to The Owner. The stated and agreed occupancy figure includes all persons irrespective of age, day and overnight guests.
Exceeding the number of stated and agreed persons will result in immediate eviction without refund, or a €100 per guest per night charge at the discretion of The Owner.
Condition of the Property
The Property will have been inspected prior to occupation and therefore The Renter undertakes to:
- – Notify The Owner immediately with regard to any damage and/or maintenance issues that require attention.
- – Keep the Property and all furniture, fixtures, fittings, chattels and effects in or about the Property in the same state of repair and condition as found at the commencement of the Rental.
- – Where a cleaning service is provided; The Renter shall follow the departure instructions provided by The Owner.
- – Where a cleaning service is not provided; The Renter shall leave the Property in the same state of cleanliness and general order in which it was found. Failure to do so to the satisfaction of The Owner will result in a damage/cleaning charge being levied.
Use of Telephone and Internet Services
Where a telephone is provided as part of the rental, The Renter must charge all long-distance telephone calls to either a credit/phone card or call collect, unless advised otherwise. Where internet services are provided, there may be download restrictions and a charge may be levied if these are exceeded. It is The Renter’s responsibility to check for restrictions on an internet device before commencing any download.
Pets
Pets allowence is stated in each property description. If there is no allowence stated in a property’s description, this property does not allow pets by default. Where pets are allowed, all evidence of pet occupation must be removed from the Property and grounds at the end of the rental period. Pets are not permitted on any item of furniture, including beds, and evidence of pet hair on furniture and bedding may incur additional cleaning charges.
Where pets are not allowed, pets are strictly prohibited at this property. Any evidence of pet occupation will result in a forfeit of the damage deposit in its entirety.
The Owner accepts no responsibility for any allergic reaction or other conditions arising from occupancy of the property. The designation of “No Pets allowed” does not indicate there have not been pets at the property at some time.
Smoking
Smoking is not permitted in or around the immediate vicinity of the property.
Equipment and Facilities Provided
Equipment and facilities are provided at the discretion of The Owner and whilst every attempt is made to ensure that such equipment is in working order for the duration of the rental period, should a breakdown or some other situation occur that renders non-essential element unusable, the Owner does not take responsibility for replacing or refunding The Renter for the lack of use of these equipment or facilities. The equipment and facilities referred to include (but are not exclusive to) such items as watercraft, motors, televisions, DVDs, hot tubs, saunas and Jacuzzis.
The Renter must report any inoperative or defective equipment to The Owner promptly! The Owner will make every reasonable effort to have repairs made as soon as possible; however, there are limited service contractors in Tenerife. While every attempt will be made to ensure that all the advertised equipment and appliances are in working order at the commencement of a rental period, no reduction of rent; rebate; or refund will be issued for a mechanical failure of air conditioning, dishwasher, washer, dryer, TV or other appliances.
Refunds
If a breakdown should occur to fundamental elements such as water systems, plumbing and electrical systems, and major appliances such as stove or refrigerator, every effort will be made to repair or replace, or an appropriate refund will be made for the inconvenience caused. This does not apply to system breakdown caused by misuse, such as plumbing blockages caused by inappropriate use of sanitary facilities.
The Owner is not liable, nor will provide a refund, for any stoppage of electrical services caused by extreme weather or other circumstances beyond his control. Similarly, there will be no refunds for inclement weather, changes in water levels, conditions at neighboring properties, or any nuisance afforded by the natural elements of the location such as flying insects or the animal population.
Other Conditions of Booking
The Renter shall abide by these Terms and Conditions of Rental and any other instructions contained in the individual Property Guide and any additional information and instructions as shall be supplied in the Property or by The Owner.
Each single property may have additional Terms and Conditions. Please read the description of each property properly to ensure you are aware of these additional Terms and Conditions.
LIMITATIONS OF LIABILITY: The Renter represents, warrants, acknowledges and agrees with The Owner that he/she will use the Property and its facilities in accordance with The Terms and Conditions above and the Information provided and that he/she does so at his/her own risk and that he/she indemnifies and saves The Owner harmless from any personal injury, sickness or death, loss or damage, however caused, to person or property of The Renter, his/her family, or guests, before during or after the time of occupancy. Further, he/she accepts full responsibility for the use of the Property and any recreational equipment such as boats and motors, etc. and agree to pay for any damage of said equipment, other than for normal wear and tear. The Renter further acknowledges he/she is responsible for ensuring all Boating Regulations are observed, including having required safety equipment in the watercraft, as well as meeting current Operator Competency Requirements.
Excursions
AZ Tenerife Holidays is only an Agent with limited authority to collect payments for the contracted excursion office. When making any of the bookings belonging to excursions on this site, you accept that you are entering into a contract directly between the excursion office and yourself. The excursion office’s terms and conditions will apply. A copy is available on request.
Excursion tickets are sold subject to the following:
CONFIRMATION OF BOOKING AND ISSUE OF TICKETS
If you decide to cancel your booking, then you may be liable for the full cost of the excursion or other activity booked. This will be up to your excursion supplier and you may not be entitled to any refunds.
PAYMENT
If your payment is made by credit card or via paypal a fee will apply, please check fee at time of booking.
The booking will be used exclusively for the trip indicated and by the person who is listed on the booking form. The booking form will be valid solely for the person whose name appears on it and for the trip listed on this reservation. The reservation is non-transferable and cannot be transferred to a third party.
CHANGES AND CANCELLATIONS TO THE BOOKING
While every effort is made to organize an excursion in accordance with the description of the excursion given in AZ Tenerife Holidays’ website, AZ Tenerife Holidays is acting as an agent for the excursion and the supplier provides the description to us. AZ Tenerife Holidays do not accept responsibility for every detail of the same. The supplier reserves the right to cancel or alter or amend at their absolute discretion all or any part of the excursion without prior notice, where it considers there might be any risk to your comfort, health or safety, if there is an insufficient number of individuals booked on the excursion/activity/attraction to make it viable to proceed, or for operational reasons and in circumstances out of the supplier’s control. You will be bound by the supplier’s terms and conditions, and if your supplier cancels the booking for any reason you will only receive a full refund for the price you paid and no more.
All transportation (mechanical or otherwise), meals (if included), and activities comprising the various parts of the excursion booked are performed, operated, controlled and managed by independent suppliers.
HEALTH AND SAFETY AND BEHAVIOUR
It is your responsibility to ensure that you and your party abide by supplier’s terms and conditions and the relevant health and safety instructions.
It is your responsibility to declare any health issues that may prevent you or any party member from participating in the excursion or that may cause potential risk to yourselves or others.
Some excursions may have certain restrictions based on age, health, weight and/or height, which have been imposed by the supplier. For for your own safety, we urge you to abide by them.
If you commit any illegal act whilst on a supplier’s excursion or in the reasonable opinion of the supplier your behaviour is disruptive, threatening or abusive, causes or likely to cause danger and/or is detrimental to or incompatible with the interests, comfort, well-being or harmony of the rest of the supplier’s group and/or others, or damages another’s property, the supplier may require you to withdraw from the excursion at any time.
It is your responsibility to ensure you and your party read all literature carefully for details of the level of the excursion and the necessary experience (if any) and/or ability required.
Please be aware that some excursions do carry an element of risk and it is your responsibility to ensure that the excursion is suitable for you and/or your party and that you are fit enough to join in. We urge you to check that you have suitable and valid insurance for your excursion and optional extras. It is your responsibility to declare any material facts including known medical conditions to your insurers, as failure to do so may result in a claim being reduced or declined.
COMPLAINTS
Problems are very rare on excursions; however AZ Tenerife Holidays act only in the capacity of an agent on behalf of the excursion supplier. Your contract will be with that excursion supplier and will be subject to their standard terms and conditions, which are available on request. Any issue with its proper performance (including any allegation of breach of contract or negligence) should be taken up with the excursion supplier directly.
Holiday property owners
Introduction
These terms and conditions together with the Privacy Policy, govern the relationship between AZ Tenerife Holidays and any party which accesses or uses AZ Tenerife Holidays’ website to offer or advertise any property for rent, including property owners, lessees and property managers, (collectively, “Owners” or “you”).
These terms and conditions constitute a legally binding agreement between AZ Tenerife Holidays and the Owner. By using or accessing the AZ Tenerife Holidays’ website in the capacity of an Owner, you acknowledge that you agree to and are subject to these terms and conditions as well as our Privacy Policy. If you do not fully agree to the terms and conditions, you are not authorised to access or otherwise use the website.
If the Owner is a company, partnership or other entity, a person who uses this site, and/or agrees to the terms and conditions, on behalf of that Owner represents that he/she has the authority to bind the entity to these terms and conditions.
AZ Tenerife Holidays does not authorise anyone to register with this site unless they are able to enter into legally binding contracts.
Owners who violate the terms and conditions may have their access and use of the Site suspended and their Property Listings removed from the Site, at AZ Tenerife Holidays’ sole discretion.
The Site is a Venue only
This site is a venue which allows Owners to advertise one or more holiday rental properties (each a “Property”) for rent in a variety of pricing formats to potential tenants (each, a “Traveller” and, collectively with an Owner the ‘users’). We may also offer online booking or other tools or services to allow Owners and Travellers to communicate with each other and to enter into rental agreements or other transactions.
The Site provides a venue for users to interact, and AZ Tenerife Holidays is not, and does not become, party to any contractual relationship between the Traveller and the Owner, and does not mediate between the Traveller and the Owner in the event of any dispute arising between them. This is true even if the Site facilitates booking a Property or the use of other tools, services or products, as AZ Tenerife Holidays is not a party to any rental or other agreement between Travellers and Owners.
Property Listings
Owners can choose to list their properties under a pay-per-booking subscription type, enabling them to advertise each Listing without any upfront fee, but in exchange will be charged a commission of 10% on every booking sourced through the Site. AZ Tenerife Holidays reserves the right to change the applicable Commission, with any changes to be notified to the Owner 30 days before the new Commission is applied. The new Commission rate will be deemed accepted if the Owner does not remove his Listing by the time the new Commission is applied.
Online booking and payments are required for all pay-per-booking Listings. Owner further commits to manage communications enquiries and booking payments through AZ Tenerife Holidays’ website. Use of external tools and payments not processed through AZ Tenerife Holidays’ website is strictly forbidden.
Owner commits to provide only accurate and up to date information in each Listing (including the description, rates and cancellation policy), and shall not impose different conditions on the Traveller than those set out in the listing. Failure to comply with the obligations set forth in these terms and conditions may result in Owner’s permanent exclusion from the Site.
Sort order for Listings depends on AZ Tenerife Holidays’ algorithms and may vary from time to time. No guarantee is given on any position within the search results, but the position of a Listing can be improved through quality criteria, such as number and quality of pictures, quotable rates, description, calendar updates, etc.
Listings published under the pay-per-booking subscription type may be displayed on other websites with which AZ Tenerife Holidays may have signed distribution agreements, to the extent that such sites enable online payment. However, AZ Tenerife Holidays gives no guarantee of publication other than on the Site where Advertiser originally registered its Listing and within the limit of AZ Tenerife Holidays’ right to publish a Listing or not.
Conversion to other then pay-per-booking listing is possible and is a matter of individual communication between AZ Tenerife Holidays and the owner or agent.
AZ Tenerife Holidays reserves the right to remove or refuse to publish any Listing at any time in its sole discretion. Advertiser can also suspend or remove their Listings at any time, through their account or by contacting AZ Tenerife Holidays.
Using the service
Upon registration, an Owner is given a user account in which the data he contributes is recorded and in which all the Property rentals offered by that Owner are specified (the “Dashboard”).
The Dashboard provide various functions which are intended to assist Owners to manage their Properties through the site; these functions, and the Dashboard itself, are made available on an “as is” basis, and AZ Tenerife Holidays does not undertake that the Dashboard or its functions will be complete or error-free.
Travellers may post their own reviews of Owners’ Properties (“Traveller Reviews”) on the site. The Owner is given the opportunity to view Traveller Reviews, and to respond to them (an “Owner Response”). Please note that HomeAway does not, and does not realistically have the ability to, verify the accuracy or otherwise of Traveller Reviews. The Owner’s sole remedy, and AZ Tenerife Holidays’ sole obligation, in the event that an Owner disputes any aspect of a Traveller Review is to permit the Owner to post an Owner Response to it.
AZ Tenerife Holidays has no responsibility for, or involvement in, the communications between the Owner and Traveller.
Rights and obligations
AZ Tenerife Holidays may change, suspend or discontinue any aspect of the Site at any time, including the layout and the availability of any Site features, database or content without any prior notice or liability.
AZ Tenerife Holidays shall use commercially reasonable efforts to ensure that Property depictions on the site are as true and accurate a representation as practicable of the photographs of their Properties that Owners have submitted to AZ Tenerife Holidays. However, Owners acknowledge that deviations from original photos can occur when scanning non-digital images, and due to individual screen settings.
AZ Tenerife Holidays may occasionally undertake upgrades of the site in order to address technological developments. Maintenance works are therefore sometimes necessary, which can lead to restrictions on the site. AZ Tenerife Holidays will, where possible, aim to ensure that maintenance of the site that causes any such restriction is undertaken at a time when most Travellers’ usage is least affected.
AZ Tenerife Holidays may conduct identity checks and ask for proof to establish the existence of a Property and/or an Owner and ownership. If AZ Tenerife Holidays – including as a result of information provided by Travellers – suspects that the Owner has supplied false information, the Owner acknowledges that AZ Tenerife Holidays is entitled to carry out identity checks on the Owner or to prove the existence of a Property; if requested to do so, the Owner agrees promptly (and in any event within any period requested by AZ Tenerife Holidays) to supply to AZ Tenerife Holidays such proof of identity or of a Property’s existence as AZ Tenerife Holidays requests. Each Owner acknowledges that failure to comply with any such request constitutes a breach of these terms and conditions.
AZ Tenerife Holidays complies with its Privacy Policy. The Owner authorises AZ Tenerife Holidays to forward the Owner’s contact details, including telephone number, to Travellers in connection with a Property booking. The Privacy Policy provides further details. AZ Tenerife Holidays may where necessary (including to prevent fraudulent behaviour of a third party) give an Owner`s phone number to a Traveller. The Owner accepts that it has read the site’s Privacy Policy and consents to the processing of data as outlined in those policies.
AZ Tenerife Holidays reserves the right to transfer these terms and conditions, and to assign or subcontract any or all of its rights and obligations under these terms and conditions, to a third party but will not do so in such a way as to reduce any guarantees given to the Owner under these terms and conditions.
Intellectual Property
AZ Tenerife Holidays is the sole owner of its site. All content that appears on this site, and the Site itself, is protected by copyright and database rights. Reproduction of the Site, in whole or in part, including the copying of text, graphics or designs, is prohibited.
Rules for placing your Accommodation on the Website
First you warrant and agree that:
- • You are the owner of the Accommodation, or a representative of the owner who is duly authorized to rent the Accommodation offered on the Website;
- • You provide AZ Tenerife Holidays with such proof of ownership (such as property tax or title documents, etc.) as AZ Tenerife Holidays may request;
- • Your Accommodation is available for holiday rental only. Any Advertisement published on the Website relating to annual rental or sale of the Accommodation will be removed without prior notice);
- • Your Accommodation is furnished and equipped, must not be in the course of construction and is free of any kind of rodents or other pests;
- • To providing AZ Tenerife Holidays, through the Website, with full and accurate personal and, if applicable, company information;
- • You will keep your Account up to date;
Your advertisement must:
- • Be your own original work and has not been copied wholly or substantially from a third party;
- • Accurately, completely and truly describe and present your Accommodation in your Advertisement and will disclose any material defects;
- • Not contain any material which infringes the copyright or other intellectual property rights of a third party, or which breaches any privacy rights of a third party;
- • Not give inaccurate or false information about the holiday home;
- • Not contain any content which is of an indecent or illicit nature, including but not limited to material that is violent, pornographic, obscene, hateful, discriminatory or that could encourage the commission of a criminal offence;
- • Include a description conforming to your legal and regulatory obligations, which must be detailed and must reflect the surroundings and configuration of the accommodation, of its rooms, and of its fixtures and fittings;
- • Offer rental prices which are in line with market rates;
- • Rental prices must be shown in Euro’s;
- • Display all necessary tax information;
- • Only include elements (such as photographs, maps etc.) for which you hold all the necessary rights and permissions, with particular reference to copyright, rights of reproduction etc.
- • Include at least one internal and one external photograph of the accommodation;
- • Be updated regularly to keep the information on the Website accurate and complete. Owners may amend the description given in their advertisement and add or remove photos;
- • Not show personal contact details such as name, telephone number, email address, web address etc.;
- • Not register the same property more than once;
- • Not give reference to any website;
- • Show the correct fees for all dates and seasons. The fees for a confirmed booking cannot be changed;
- • All entries in the guestbook and reviews must be genuine comments from your Guests. We reserve the right to request the email address of the Guests whose comments are included for the purposes of verification.
AZ Tenerife Holidays reserve the right to terminate an Account and remove Advertisements or other content associated with an Owner from the Website and affiliated or third party websites without notice and at our sole discretion, if, e.g. and without limitation:
- • An Account or Advertisement or other content associated with an Owner contains any material that infringes the Terms, the Owner Terms, the law, applicable regulations or the rights of any person or entity, the intellectual property rights or privacy rights of a third party or breaches a duty of confidentiality to a third party;
- • An Owner has submitted unsuitable material to, or misused, the Website;
- • An Owner’s listing or rental practices are unacceptable or unfair (for example, and without limitation, if an Owner double-books a Property for multiple Guests on the same date, or engages in any practice that would be considered unfair or improper within the holiday rental industry);
- • The Owner is in material breach of these terms and conditions, the Terms or any other obligations owed to AZ Tenerife Holidays, its Affiliates or Guests if the Owner has been abusive or offensive to any Guest or employee or representative of AZ Tenerife Holidays;
- • An Owner uses a false identity;
- • Anything similar to the foregoing has occurred in relation to any of AZ Tenerife Holidays affiliates, then AZ Tenerife Holidays shall be entitled to terminate either any affected Account or all Advertisements and content associated with such Owner immediately and, if applicable, without refund of any fees or charges paid by the Owner. An Owner or Listing that contravenes any of the above requirements shall be in breach of these terms and conditions.
With regard to rental Guests, you agree to:
- • Inform Guests of any defect or temporary non-availability relating to your accommodation, fixtures and fittings or surrounding area as soon as you become aware of it;
- • Provide your Guest with detailed contact information, including a 24/7 emergency phone number;
The Owner is required to either accept or reject the booking within 24 hours of when the booking is requested. If the booking is not cancelled by the owner within 24 hours, the booking is automatically accepted.
Payment Policy
A full payment is required directly at the booking through AZ Tenerife Holidays’ gateway unless a an individual, other than pay-per-booking plan is agreed between AZ Tenerife Holidays and the owner.
AZ Tenerife Holidays will resend the payment (less the commission if applied) to the owner directly after receiving the payment. However AZ Tenerife Holidays reserve 14 working days (counting from Owner’s acceptance of the booking) to deliver the payment to the Owner.
Guest Reception
Check-in time is strict! This goes for the Guests but also for the Owners who must be available at the agreed check-in time to receive their Guest.
Owners agree to provide their Guest access to a clean, furnished and acceptable Accommodation in accordance with the Advertisement.
Check-in and Checkout Times
The booking confirmation for the Guest shall have the correct information from the Owner regarding check-in and checkout times.
Special arrangements such as early check-in and late checkouts may be possible but must be negotiated with the Guests and not AZ Tenerife Holidays.
Owner changes confirmed booking
In the unlikely event an Owner is unable to offer a Guest an accommodation in accordance with a confirmed booking, the Owner will negotiate with the Guest (not AZ Tenerife Holidays and AZ Tenerife Holidays does not mediate) about alternative dates, alternative Accommodation or a refund.
Should the Owner decide to offer any Guest a discount regarding a confirmed booking, it is the Owner’s obligation, and not AZ Tenerife Holidays, to pay the Guest any applicable refund. Any discounts given by the Owner will not affect the commission for AZ Tenerife Holidays, this commission will stay remained.
Owner cancelled Confirmed Booking
In the unlikely event that an Owner must cancel a confirmed booking, the Owner shall notify the Guest and AZ Tenerife Holidays as soon as reasonably possible. The Owner will negotiate with the Guest (AZ Tenerife Holidays does not mediate) about alternative dates, alternative Accommodation or a refund.
Fees paid: If the Guest does not accept any alternative dates or Accommodation offered by the Owner and a confirmed booking must be cancelled by the Owner, the Owner shall refund the Guest all fees paid by the Guest, including deposits and e.g. cleaning fees.
Commission: In the event that an Owner cancels a confirmed booking the Owner shall also refund the Guest for the commission or that the Guest paid to AZ Tenerife Holidays. AZ Tenerife Holidays does not refund any commissions.
Deposits
Depending on a specific Accommodation, Guests will be required to pay a deposit either to AZ Tenerife Holidays or pay a deposit in cash to the Owner at Check-in. In the event that AZ Tenerife Holidays receives an email (must be sent within 24 hours after checkout) from the Owner that there is damage, AZ Tenerife Holidays will transfer any received deposit in full to the account of the Owner, arbitrary whether the damages are higher or lower than the deposit. The Owner, and not AZ Tenerife Holidays, shall assess and settle any damages with the Guest. The Owner may set of any damage against the deposit. AZ Tenerife Holidays does not mediate.
Damages
The Owner shall send AZ Tenerife Holidays an email stating whether or not there is any damage within 24 hours after checkout. If AZ Tenerife Holidays has not received an email within 24 hours from the Owner stating that there is damage, AZ Tenerife Holidays will refund any deposit the Guest paid to AZ Tenerife Holidays.
Shortcomings of the Accommodation
Owners shall inform their Guests that they shall notify the Owner, and not AZ Tenerife Holidays, of any shortcomings of the Accommodation such as electricity or heating problems, as soon as practicably possible during their stay. The occasional ant or e.g. small rodent, such as a mouse, is not considered a shortcoming of any Accommodation and is never ground for a claim.
Claims
Any claim a Guest may have regarding any shortcoming of an Accommodation must be brought directly against the Owner, and not AZ Tenerife Holidays. Claims must be brought up as soon as practicably possible during their stay, or at least 24 hours before check out. Claims brought up after checkout will not be processed. The Owner, and not AZ Tenerife Holidays, shall assess any claims a Guest may have. The Owner and never AZ Tenerife Holidays shall settle reimbursements granted by the Owner.
Minimum Stay Policy
The standard minimum stay may vary for specific Accommodations and/or during certain holiday seasons; e.g. during Christmas Owners might require a longer minimum stay. Owners must provide their standard minimum stay in their owners account. Deviating minimum stay requirements during certain periods, must be provided by the owner in the property description.
Appointment of DirectStay as payment agent
Owner hereby appoints AZ Tenerife Holidays as the Owner’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Owner. Each Owner agrees that payment made by a Guest to AZ Tenerife Holidays shall be considered the same as a payment made directly to the Owner and the Owner will make the Accommodation available to Guest in the agreed upon manner as if the Owner has received the Accommodation fees.
Taxes
All Owners, whether they are in business or not, are responsible for charging and accounting to the relevant authorities for taxes (including, where relevant, VAT, IGIC or other sales taxes) on the rental payments they receive from Guests. AZ Tenerife Holidays cannot and does not offer Tax-related advice to any Owner or user of the Website. Your Advertisement shall display all necessary tax information and the price stated in your Advertisement must include all taxes.
You agree to indemnify and keep us indemnified from and against any and all claims, actions, proceedings, damages, losses, liabilities and expenses (including legal fees) suffered or incurred by us arising out of or in connection with your use of PayPal or other payment solutions to receive online payments, in particular any claims from PayPal, other payment solution providers or Guests, and for any liabilities arising from any for any incorrect tax calculations or submissions.
No partnership or agency
Nothing in the Terms and Conditions or in your use of our Website creates, or is intended to establish, any partnership, joint venture or agency between the owner and AZ Tenerife Holidays.
Resolution of disputes
As AZ Tenerife Holidays is never a party to any rental transaction between Guests and Owners, you agree not to involve, or attempt to involve, AZ Tenerife Holidays in any dispute or in the resolution of disputes that arise between you and another user, Guest or Owner as a result of the use of the Website or services provided.
Events beyond our control
We will not be in breach of the terms and conditions, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
Invalidity
If a provision of the Terms and conditions (or part of any provision) is found illegal, invalid or unenforceable, the enforceability of any other part of the Terms and conditions will not be affected.