Villa Rental Agreement
This Agreement is made between the undersigned parties for the rental of the below-described property for temporary holiday and leisure purposes only.
This Agreement expressly does not constitute a residential lease under the Ley de Arrendamientos Urbanos (LAU) and is instead governed by the Spanish Civil Code and applicable tourism and consumer regulations of the Autonomous Community where the Property is located, together with the clauses and conditions set forth herein.
PROPERTY PARTICULARS
1. PARTIES AND LEGAL NATURE OF THE AGREEMENT
1.1 Owner
The Owner is the legal owner or duly authorised operator of the Property, or otherwise duly empowered to grant temporary use of the Property for tourist accommodation.
1.2 Guest
The Guest (and his/her party) will temporarily occupy the Property solely for holiday, leisure and non-residential use.
1.3 Broker and Stakeholder
Azul Stays by Bluebnc (the "Broker") acts as intermediary and stakeholder of funds between Owner and Guest. Unless expressly stated otherwise in writing, the contractual relationship for the accommodation service is deemed to be between Owner and Guest, with the Broker acting as intermediary.
1.4 Legal Nature – Holiday Use
The Parties expressly acknowledge and agree that:
- The stay is temporary, for holiday/leisure purposes only,
- The Property is offered as tourist accommodation (alojamiento de uso turístico),
- This Agreement is excluded from the regime of residential leases under the Spanish Ley de Arrendamientos Urbanos and is governed instead by the Spanish Civil Code and applicable tourism and consumer regulations.
2. AGREEMENT TO LET AND HIRE
2.1 The Owner agrees to let, and the Guest agrees to hire, the Property for the Rental Period indicated in the Property Particulars, strictly under the terms and conditions of this Agreement.
2.2 The maximum number of occupants shall not exceed _____ persons, including children and babies, unless otherwise agreed in writing. Exceeding the authorised occupancy is a material breach of this Agreement.
3. RENTAL FEE, PAYMENTS AND CURRENCY
3.1 Total Rental Fee
The Total Rental Fee for the Rental Period is set out in the Property Particulars. Unless otherwise indicated, it includes:
- Use of the Property for the Rental Period;
- Standard utilities (electricity, water, gas) within normal usage;
- Basic linens and towels;
- Standard end-of-stay cleaning (not including excessive cleaning).
3.2 Taxes
The Rental Fee is:
- ☐ Inclusive of all applicable taxes; or
- ☐ Plus any applicable taxes (including VAT or tourist taxes) at the rate legally in force at the time of invoicing.
If there is a change in legally applicable tax rates between booking and stay, the total price may be adjusted within the limits permitted by law.
3.3 Payment Schedule
Unless otherwise agreed in writing:
- 50% of the Total Rental Fee is due upon booking confirmation;
- The remaining 50% is due 30 days before arrival.
Failure to pay any instalment by its due date, after written reminder and a grace period of 5 calendar days, entitles the Owner to consider the booking cancelled by the Guest and apply the cancellation conditions in Clause 10.
3.4 Currency and Bank Charges
All payments shall be made in euros (EUR), net of bank charges. Any foreign exchange costs or bank fees are borne by the Guest.
4. ADVANCE PROVISIONING ALLOWANCE (APA) – OPTIONAL
4.1 If an APA is agreed (e.g. for pre-stocking, special services, extra housekeeping, chef, chauffeurs, etc.), the amount is specified in the Property Particulars.
4.2 The APA will be held by the Broker as stakeholder and used by the Owner or appointed Property Manager to pay for variable costs and services requested by the Guest during the Rental Period.
4.3 Within 7–14 calendar days after the Guest's departure, the Property Manager shall provide an expense breakdown of the APA.
- Any unused balance will be refunded to the Guest.
- Any shortfall (if expenses exceeded the APA) shall be settled by the Guest within 5 calendar days of presentation of the statement.
4.4 Receipts or invoices shall be made available upon reasonable request.
5. SECURITY DEPOSIT
5.1 The Guest shall pay a Security Deposit as stated in the Property Particulars, no later than [7] days before arrival (or at check-in, if so agreed).
5.2 The Security Deposit is intended to cover, among others:
- Damage or loss to the Property or its contents caused by the Guest or their party;
- Excessive cleaning beyond normal use;
- Unpaid services or charges;
- Breach of house rules (including penalties for serious disturbance, if agreed and lawful).
5.3 The Security Deposit shall be held by the Broker as stakeholder (unless otherwise agreed) and may be used to compensate the Owner for duly justified amounts.
5.4 A joint inspection may be carried out at check-in and check-out, where possible. Any damages discovered after check-out must be documented with reasonable evidence (e.g. photographs, invoices, or repair estimates).
5.5 The unused balance of the Security Deposit will be refunded to the Guest within 7–14 calendar days after departure, together with a breakdown of any deductions. If the Security Deposit is insufficient, the Guest shall pay any outstanding amount within 7 calendar days of notice.
7. USE OF PROPERTY AND CONDUCT
7.1 The Property may be used only for private holiday accommodation. It shall not be used for:
- Commercial events, photo shoots or filming (unless expressly agreed in writing);
- Parties open to the public or events involving ticket sales;
- Any illegal activity.
7.2 The Guest and all occupants must comply with:
- Local municipal ordinances (noise, public order, etc.);
- Any community of owners' rules (comunidad de propietarios);
- Applicable tourism regulations (including maximum occupancy);
- The House Rules attached in Annex 1.
7.3 The Guest shall maintain the Property in a reasonable state of cleanliness and care and shall immediately inform the Owner or Property Manager of any damage, defect, or incident.
7.4 Noise and Disturbances
Parties, loud music, or behaviour that disturbs neighbours (especially during night-time quiet hours) are strictly prohibited. Repeated complaints from neighbours or authorities constitute a serious breach of this Agreement.
7.5 Immediate Termination for Misconduct
Serious or repeated breaches of this Clause (including unauthorised parties, exceeding occupancy, serious disturbance to neighbours or illegal activities) entitle the Owner or Property Manager, with support from the Broker where necessary, to:
- Terminate the stay with immediate effect;
- Require the Guest and their party to vacate the Property immediately;
- Retain amounts already paid, without prejudice to any damages claim, to the extent permitted by law.
10. CANCELLATION BY GUEST
10.1 Any cancellation by the Guest must be communicated in writing (email is sufficient).
10.2 Unless otherwise agreed in writing, the cancellation policy is as follows:
- More than 60 days before arrival: 25% of the Total Rental Fee is non-refundable; the remainder, if paid, will be refunded.
- Between 60 and 30 days before arrival: 50% of the Total Rental Fee is non-refundable.
- Within 30 days before arrival: 100% of the Total Rental Fee is non-refundable, unless the Property is successfully rebooked.
10.3 Rebooking Scenario
If the Guest cancels within 30 days before arrival and the Property is rebooked for all or part of the cancelled period:
- The Owner shall refund to the Guest the amount actually obtained from the new booking for those same nights,
- Less:
- (i) any difference (if rebooked at a lower rate),
- (ii) non-recoverable costs (including the Broker's commission already earned and committed), and
- (iii) an administration fee of €________ (if agreed).
17. DATA PROTECTION (GDPR)
17.1 The personal data of the Guest and any other occupants provided under this Agreement will be processed by:
- The Owner (or operating company), and
- The Broker (Azul Stays by Bluebnc),
for the purposes of:
- Managing the booking and execution of this Agreement;
- Complying with legal obligations (including police registration of occupants);
- Handling claims, incidents or damages;
- Sending, where consent is expressly given, commercial communications relating to similar services.
17.2 The legal bases for processing may include the performance of the contract, legal obligation, and, where applicable, consent.
17.3 Data subjects may exercise their rights of access, rectification, erasure, restriction, objection and portability by written request sent to:
- Owner / Operator: __________________________ (email/address)
- Broker: __________________________ (email/address)
SIGNATURES
Signed and agreed by the Parties below.
OWNER:
Name:_______________________________
Signature:___________________________
Date:___ / ___ / ______
GUEST:
Name:_______________________________
Passport / ID:_______________________
Signature:___________________________
Date:___ / ___ / ______
BROKER – AZUL STAYS BY BLUEBNC:
Name:_______________________________
Position:____________________________
Signature:___________________________
Date:___ / ___ / ______
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