Lease Agreement for a holiday home in Spain. Accommodation for 14 people maximum
By and between the undersigned:
Blueberries BVBA, Owner, 33 Albertstraat Box 50, 1050 Brussels
and
Mr and/r Mrs …………………………………………………………., Lessee
of …………………………………..…………………………… Landline tel...:…………………
Identity card no. ……………………………………………Mobile tel.………………………
e-mail:……………….…@………….…………Bank account no………………………………..
It is hereby agreed as follows:
1. LEASE
a. The Parties hereby conclude a lease for rental of a holiday home known as Villa CasaYmas, 179 Calle Azahar, Estepona, Malaga, Spain, hereinafter referred to as the rented property, consisting of a living room, kitchen, dining room, seven bedrooms, seven bathrooms, guest toilet, storage, terrace on the East side, covered terrace on the West side with seating corner, dining table, BBQ, 2 garages, 2500 m² of land, swimming pool.
b. Inventory according to specified list, which shall be appended to this lease.
c. The property shall be leased as a holiday home for 14 people maximum. The identity of the guests shall correspond exactly as indicated in the booking. This information shall be submitted to the local police in accordance with the local legislation and the premises shall not be used for any other purposes.
The primary lessee must be at least 30 years old.
d. The Lessee shall not be authorized to (sub) let or to make the leased premises available for use to others, or to use them for a professional activity.
e. The Owner declares that s/he shall not establish his or her primary residence in the leased premises, so that any legal provisions concerning the protection of the family home shall not apply to this lease.
The Lessee may not change the intended use of the property, nor sublet it entirely or partially. S/he shall occupy the leased premises with due diligence.
f. The rent shall be the amount for the use of the leased premises, inclusive of the use of the fixtures and inventory, as described in the appendix, including normal consumption of water and electricity.
g. ACCESS: the accescode shall be provided two days before the start of the lease. The Lessees shall receive this code only after payment in full of the rent balance and guarantee deposit. If the code is forgotten or blocked, a key shall be available from your assigned housekeeper. You can always contact him or her in case of emergency and/or problems.
h. SWIMMING POOL
The lessee shall remain liable for the supervision of people who accompany him and shall take all measure to avoid any incident with and in the swimming pool. Children and/or adults without swimming certificates may use the swimming pool only under supervision by adults with swimming certificate.
The owner may at no time be held liable in case of accident. The lessee shall hold the lessor harmless from any claim, including such claims as s/he could lodge against the lessor.
The swimming pool shall be cleaned and maintained by a competent person and the lessee undertakes to follow the instructions and give that person access to the property.
2. DURATION
This agreement shall be concluded for a term of …………………………………………………… The rental period shall start on: …………………………………at ………….. at the earliest. The rental period shall end on:………………………………….at…………..at the latest. You are kindly requested to comply strictly with these times of arrival and departure.
3. RENT
The rent for this period shall amount to: €…..
4. PAYMENT of advance – balance
30 % of the rent shall be paid within a week after signing this lease via transfer to bank account no BE 85 0018 0561 6806: € ………………………
Final date for payment:…………………….
Balance: The remaining 70% of the rent shall be paid at the latest 95 days prior to the start of the rental period via transfer to account number BE 85 0018 0561 6806 €…………………….. Final date for payment: :……………………..
5. INVENTORY
The inventory shall be issued upon arrival and taken upon departure. The Lessee may apprise the owner of defects or shortages up to 48 hours after the rental period enters into force. The Owner may apprise the Lessee of defects or shortages up to 48 hours after the end of the rental period.
6. GUARANTEE DEPOSIT
For a proper and complete fulfilment of his or her obligations, the Lessee shall provide a guarantee deposit of €2.500.
The guarantee deposit shall be paid into the same account number BE 85 0018 0561 6806 before the start of the rental period. Last date for payment: ……………………
If the guarantee deposit is not paid before the start date of the rental, access to the leased premises will be denied and the entire rent shall remain payable.
The guarantee deposit shall under no circumstances be considered as part of the rent or advance.
The guarantee deposit shall be repaid after the proper expiry of this agreement and upon full fulfilment of the obligations. The guarantee deposit shall be refunded at the latest 14 days after the end of the rental period. The repayment of the guarantee deposit shall not automatically entail that the owner acknowledges that no damage was caused to the leased premises.
In the event of damage or if the guarantee deposit is not sufficient, the owner may require the lessee to pay additional compensation.
Please append a copy of your insurance.
7. CANCELLATION
If the lessee cannot, does not want or will not accept the leased premises on the agreed date, the Lessor must be immediately informed. A telephone call to that effect must be confirmed in writing or by e-mail.
In the event of cancellation after the lease is signed, the full amount of the advance shall be charged.
If the lessee cancels the lease in the period up to 95 days before the start date of the rental period, s/he shall remain liable for 50 % of the rent;
In the event of cancellation less than 95 days before the start date, he shall remain liable for the full rent. The guarantee deposit shall be repaid when the foregoing obligations have been fulfilled.
Cancellation by the lessor due to force majeure: another period can be arranged, otherwise the full amount already paid shall be refunded.
8. OBLICATION of THE OWNER
The Owner shall be required to place the leased premises at the lessee’s disposal in good condition on the date and time agreed.
The owner shall guarantee that the property corresponds to the description and is suitable for the maximum number of people mentioned therein.
The owner may not be held liable for:
a. Loss, theft, damage or injury of any sort whatsoever, suffered by the lessee during his or her stay at the holiday home.
b. noise pollution or other nuisance caused by road works or construction activities in the vicinity of the holiday home.
c. For damage caused by the force of nature, natural disasters, nuclear disasters, attacks, strikes, acts of violence, etc.
9. OBLIGATIONS OF THE LESSEE
The Lessee shall be required to use the leased premises properly and leave them in good state, clean and tidy.
The lessee shall comply with the house rules which shall constitute an integral part of the lease.
The lessee shall apprise the owner / agent immediately in case of breakage and damage so that he can see to the repairs or replacement in due course.
A daily cleaning ( 3 hours) from Monday to Friday is included.
A final cleaning is included in the rent.
10. DAMAGE
The Lessee shall be liable for damage caused to the leased premises, including damage to or loss of (a part of) the inventory caused during the rental period. Any amount paid out by insurance shall be deducted from the amount of loss, and a surcharge shall be added for administrative costs and charges.
11. REPAIR COSTS
The costs of normal maintenance and repairs of defects shall be assumed by the lessor. If defects occur, the lessee must inform the agent and follow his instructions as much as possible.
12. BREACH OF CONTRACT BY THE LESSEE
If the lessee has not paid the rent when due or does not comply with other obligations arising out of this agreement, the lessor shall be entitled to claim discharge of said obligations and/or compensation. If the breach of contract gives sufficient cause thereto, the lessor shall be entitled to terminate the agreement without recourse to the courts. If the lessor wishes to avail itself of this right, it must inform the lessee in writing and with an explanation. The lessor reserves the right to compensation.
13 LIABILITY
The lessor shall not be held liable for accidents, injuries or illness which occur during a stay at or around the leased premises. The lessor shall not be responsible for lost personal effects or valuables. Acceptance of this reservation shall entail agreement that all guests or other invitees expressly acknowledge the risk of damage as a result of using the property.
14 ADDITIONAL SERVICES
Additional services booked shall be paid for on location, or by bank transfer as requested.
.
Drawn up in two original counterparts in ……………………on………………………….
Lessee’s signature (1) Owners signature