This agreement is between you "The Client" (the client renting the property, or where an agent has been engaged then any agent who is acting on behalf of the persons renting the property) and "Santa Ana", also referred to as "we", (who agrees to let it to you on the dates agreed).
1. Your contract
The Client's contract is with Santa Ana. When making the booking The Client guarantees that The Client has the authority to do so, and The Client accepts on behalf of The Client's party the terms of these booking conditions. A contract exists as soon as Santa Ana issues a Confirmation Invoice which the Client accepts. The Client then has 7 days from this acceptance to transfer the deposit money speficified in the invoice, after which any contract ceases to exist unless the payment has been received in cleared funds by Santa Ana.
The Client should check the details of the confirmation carefully to ensure that it accurately reflects the booking that The Client has requested and immediately inform us of any discrepancies.
It is The Client's responsibility to ensure that at all times we have the correct address, e-mail address for correspondence and telephone numbers of the people that are to stay in the villa, and that The Client notifies us of any changes.
The contract with Santa Ana entitles you to stay on a temporary basis in Carmen de Santa Ana for a limited period only, as specified in the offer of accomodation contained within the Confirmation Invoice. No other right is granted.
This contract is made according to the terms of these Booking Conditions which are governed by English Law and both parties agree to submit to the jurisdiction of the English Courts at all times.
2. Your Holiday Price
The price plus several important requirements for The Client's holiday are set out in the web site, which The Client must read thoroughly. A confirmation will be sent to the Client prior to any booking being accepted, which will include the actual price to be paid, including any amendments or extras which apply. When The Client has decided that he/she wishes to make a reservation according to this confirmation, The Client must pay an initial booking deposit in order to secure the booking, of 25% of the total cost of the holiday (or a larger amount to be agreed for reservations longer than 2 weeks). The balance of the price of The Client's holiday, including and extras and the whole of the refundable security deposit, must be paid at least 56 days before the date when The Client's stay in the house starts. If this balance is not paid in time, we may cancel The Client's rental arrangements and retain the initial booking deposit.
Once you have booked and paid the full price of the holiday, the agreed price of your holiday is fully guaranteed and will not be subjected to any surcharge. This does not apply to invoice errors or to partly paid holidays, or to any late extras which are requested and confirmed by email. If any late extras are requested (in writing by email) after payment has been made, the cost of these will be deducted from the repayment of the refundable Security Deposit.
All payments are to be made in Euros unless otherwise agreed in writing. Prices for payments to be made are in cleared funds to the Santa Ana bank account in Euros. Payments may be made through the banking system in Euros.
In making any payment to you The Client, for example if your holiday has been cancelled for any reason, or to return the security deposit, these payments will be made though the banking system in Euros or by cheque through the post at our discretion. The Client will incur the cost of any transfers, or of converting any payments to a different currency but only when use of such currency has previously been agreed in writing. The refundable security deposit is paid in Euros, unless otherwise agreed. It will be refunded in the same currency, less any banking charges.
4. If You Change Your Booking
If, after our agreeing the terms of a booking, you wish to change your arrangements in any way, for example to include the car or the piano or to arrange a housekeeper, we will do our utmost to make these changes, but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. Recognising the costs involved, it is possible (but unlikely) that you may be asked to pay an administration charge of €35 plus any further cost Santa Ana incurs in making this alteration. Should you request a major alteration within 60 days of departure date (such as a change of date) then this may be treated as a cancellation and re-booking.
5. If You Cancel Your Holiday
You or any member of your party may cancel your travel arrangements at any time. Written notification from the person who made the booking on your behalf must be received in writing to Carmen de Santa Ana, Granada, Spain AND notified by e-mail. Cancellation will be effective on the date when it is received by Santa Ana. It is also helpful to notify any cancellation by telephone.
Note: If the reasons for your cancellation are covered under the terms of your insurance policy, you may be able to reclaim these charges.
Cancellation charges are payable as follows:
Period before departure within which notice of cancellation or major change is received
Amount of Cancellation Charge
More than 60 days
Less than 60 days
100% of total holiday cost
If cancellation is made more than 60 days before the start of the start of the booked period, Santa Ana will endeavour to find an alternative customer and, to the extent Santa Ana is successful, reimburse your rental payment to us, less our reasonable costs (or 100 Euros, whichever is the greater) and less any 3rd party charges or bank charges incurred.
If you, The Client, fail to make the final payment in cleared funds by the due date, your booking is cancelled and you are liable to forfeit your payment. It is up to you The Client to remember to ensure that the final payment is received no later than the due date.
6. If We Change or Cancel Your Holiday
The arrangements for holidays are frequently made many months in advance and it is sometimes inevitable that changes may become necessary in the house. This web site brochure is put together in good faith, checked and modified normally annually, and it attempts to portray accurately the villa Carmen de Santa Ana. However, as mentioned, changes in the house are sometimes necessary and thus it is not always possible for the web site brochure to be completely accurate at all times. We reserve the right to make changes to the house and its contents and the web site brochure should they become necessary and it is a condition of booking that The Client understands and accepts this point. Any major change however (defined as a change to the number of bedrooms or living rooms available) will be notified in writing to clients, who will be given an opportunity to cancel their booking and accept a full refund. No form of compensation will be paid under these circumstances, other than the amounts described below in the table "If we change or cancel your holiday".
If it is necessary to cancel your holiday arrangements, we will pay you compensation as set out in this clause. If we have to cancel your holiday, (see also 12. What if the house is not available?) we will inform you The Client as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting an offer of alternative rental arrangements from us if available, or canceling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will also pay compensation as detailed below:
Period before departure within which a major change is notified to you.
If we cancel your holiday
More than 60 days
40 to 60 days
15 to 40 days
Under 15 days
Force Majeure: This means that we will not pay you compensation if we have to cancel your holiday arrangements in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, death, fire, flood, utility failure, adverse weather conditions or other unforeseen circumstances that may amount to force majeure.
7. Holiday Termination
We reserve the right in our absolute discretion to terminate without further notice the holiday arrangements of any Client who (either himself or one of his group) refuses to comply with the instructions of our staff (or agent or other appointed responsible person) or whose behaviour in the opinion of our staff (or agent or other responsible person) is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to property. Upon such termination our responsibility for your holiday ceases and we shall not be liable for any extra costs incurred by you, and no refund will be provided whatsoever.
8. If you have a complaint
If you have a problem during your holiday, please inform the caretaker immediately, who will endeavour to put things right. You must also inform us by email to the booking address within 3 days of any significant difficulty that arises. If you fail to follow these simple procedures we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on holiday and consequently any subsequent attempt to register a complaint cannot be accepted. If your complaint is not resolved locally, you must also also inform Santa Ana of this fact within 3 days of your leaving the house in writing and by email, giving your name, phone number and e-mail address, the name of the person from your group who made the booking, and the date or copy of correspondence and all other relevant information.
The property Santa Ana, which includes steps, balconies and a swimming pool, is not suitable for children or infirm adults. It is the responsibility of visitors to ensure the safety of their children, if they decide to bring them, and to ensure that any children are attended at all times.
Santa Ana accepts no responsibility for the acts or omissions of its clients whether negligent or otherwise and shall not be held liable for any claims made against them (or as a result of their actions) either by other clients of Santa Ana or third parties.
Santa Ana does not accept liability for (1) losses that were actually unforeseeable to those involved at the time of booking, (2) losses that were not caused by any breach on the part of Santa Ana or its supplier, (3) any business losses or similar to the customer as a result of unforeseeable circumstances and (4) any consequential losses whatsoever.
10. Personal Injury unconnected with your booked rental arrangements
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your temporary rental of our property, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs and benefits received under any relevant insurance policy to ourselves. We limit the cost of our discretionary assistance to you or any member of your party to €500.
11. Equipment loss and damage, Refundable Security Deposit
You are required to ensure that the house and its contents are left in the same condition as when you arrived and you are required to ensure that the contents of the house are returned to their correct location. For reasons including safety you are not permitted to move furniture around the house or gardens without the permission of the caretaker. You are liable for any damage or loss which occurs during your stay, not limited to the amount paid as a security deposit. Whether or not such damage or loss is caused as a result of willful damage by a Client, a Client under the influence of alcohol or drugs, or as a result of not obeying the instructions of our staff, or as a result of neglect, The Client will be liable for the full amount of repair or replacement. Adults will at all times be responsible for minors in their charge. It is also a requirement, however, that you let us know immediately (verbally and in writing to the caretaker, and where possible by e-mail to Santa Ana) of any damage, so that we can take steps to make good the damage both for you and for the people who follow you. Failure to comply with this requirement may affect the full return of your security deposit if additional costs, necessary or otherwise, are incurred, quite apart from the inconvenience caused to others.
The Refundable Security Deposit must be paid to Santa Ana prior to entering the property (see section above) as a security against damage or loss of equipment or late departure. An additional refundable deposit may also be required for use of the piano, or other specific items. The security deposit will be used as required to contribute towards the cost of making good any damage or loss sustained during the rental period or as a result of The Client's stay in the property, or to pay for the cost of late departure, or to cover the cost of any services ordered but not paid for by The Client. The deposit will be returned in accordance with this clause after the Client has filled in the feedback report on the website and as soon as the caretaker has reported that the property has been left in a satisfactory state and the contents checked and extra services paid for, and normally within two weeks of the end of the let.
12. What if the house is not available?
Should the house not be available when you arrive other than by force majeure (e.g., having been damaged by a previous client), then we shall endeavour to assist you in finding an alternative accommodation in the area within a 50km radius, and our cancellation terms above shall apply.
13. Late departure from the property
You must make every effort to leave the property by the time required, since somebody else's holiday depends on you. If you are late leaving you may be required to pay a penalty equal to your security deposit plus a fee equal to the Daily Rate. (The Daily Rate is 20% of the full weekly rate for the unpaid week encroached upon, or for the week of the rental, whichever is the greater).
14. Equipment not working
See the comments elsewhere in the web site brochure on equipment, car, telecoms services. In essence, we cannot guarantee that services such as the car, the utility services provided locally in Spain, or any other appliance or service available in the house will be provided for your uninterrupted use during your stay. By their very nature, it is possible that such services or equipment may from time to time fail to function correctly or at all. It is a requirement however that you let us know immediately (verbally and in writing to the caretaker, and where possible by e-mail to Santa Ana) of any fault, so that we can take steps to correct the fault both for you and for the people who follow you.
15. Some rules
Smoking is permitted but only in the extensive gardens.
Because you may be followed by other visitors who do not smoke, and who may find the odour intrusive or unpleasant, we must regrettably insist that you do not smoke inside the buildings of Carmen de Santa Ana.
Because you may be followed by other visitors who may find the odour intrusive or unpleasant, and because of the damage they can cause, we must insist that you do not bring animals anywhere onto the property, and that you do not feed any animals anywhere on the property. This includes any stray animals that wander into the property, which must not be fed and must be expelled immediately.
15.3 The systems of the house
You may not touch or otherwise interfere with various systems in the house, including: The swimming pool water, filtering and pumping systems; The fountain and irrigation water systems; The computer server and electronic data, sound and vision distribution systems; The rear panels of the hi-fi system; The central heating system elements located in the laundry room; The domestic water heating and pumping system elements located in the laundry room.
visitors are not permitted to open or otherwise enter cupboards reserved for owner and maintenance use (including at the top level of the kitchen, or the linen cupboard in the kitchen, or the trunk at the very top of the stairs, or the electronics cupboard in the living room), or enter any of the storage facilities above the swimming pool at any time.
You The Client are responsible for keeping the doors and windows of the property closed and locked when you are not on the property, and for keeping the gates from the street closed at all times. You the Client are also responsible for closing doors and windows during inclement weather (wind, rain, snow) that could, if such doors and windows were not closed, cause damage to the buildings.
Failure to obey any part of these rules may result in a deduction being made from the Client's refundable security deposit.
The images on the website may be copied, but only if permission in writing is requested and granted by Carmen de Santa Ana. Any images or photos of Carmen de Santa Ana or its grounds submitted voluntarily (by or on behalf of visitors) to The Owner after their stay, whether submitted electronically or by post or by other means, is submitted with full rights to use by Carmen de Santa Ana (only) for its own publicity, either on the Carmen de Santa Ana website or in other written or printed publicity material.
17. Access for maintenance and gardening
Carmen de Santa Ana is a private house, which requires regular maintenance to ensure that the services and systems function. For this and other reasons it is necessary for the owner and his appointees to have occasional access to the house. Accordingly, The Client accepts that the owner, or the caretaker, or his authorised appointee must have access to the house from time to time, in order to effect repairs to and to inspect any part of the property. Notice will always be given, and all reasonable efforts made to respect the privacy of The Client and all members of The Client's group.
The house has extensive gardens, and at all times of the year requires a gardener to have access to the garden to maintain it. Accordingly, The Client must give free access to all parts of the garden to the gardener and to any appointed assistants, and from time to time to those persons who may need to assist or inspect the garden and the pool to ensure that these parts of the property are maintained to the standards required by the owner. The Gardener and appointed assistants will make all reasonable efforts to respect the privacy of the Client, and make the minimum number of appearances in the gardens consistent with performing their duties.
The house may from time to time require improvement work in the winter months from November to March. This is a common occurrence in the gardens throughout the year.
Work may be required for essential repair if there is a breakdown inside the house or garden. The client accepts that if such repair work is required, then that the caretaker, or his authorised appointee must have full access to the property as required to complete the necessary repairs.
The separate apartment, although separate, will not be let, rented or hired out to any other person or persons during your stay. If you have not reserved the separate apartment, the landlord and the caretaker may from time to time use the apartment, typically but not exclusively for maintenance related purposes. Under such circumstances, the landlord and caretaker will confine themselves to the separate apartment.
Carmen de Santa Ana is a private house, which the owners let on certain occasions to approved people. It is a condition of booking that the names, addresses and phone numbers of all people in The Client's party are supplied to the owner at the time the final payment is due or earlier. It is also a requirement of booking that at least one (and preferably more than one) person is in possession of at least one mobile phone that has been set up to work in Spain, and that these numbers are supplied at the time of the final payment. Failure to provide mobile phone numbers can make the life of the caretaker and The Client difficult, and can delay your entry into the house.
19. Availability/Booking system accuracy
The information on the system and in the web site is gathered prior to publication. Care is taken to ensure that this information is still correct at the time of appearing on the system but it has to be remembered that facilities may be withdrawn from Santa Ana and holiday particulars altered as a result. These circumstances are regrettably beyond our control and we are unable to accept liability.
We will endeavour to advise enquirers of amendments which Santa Ana regards as significant. Santa Ana shall be entitled to make any modifications it feels appropriate to the property and conditions of sale at any time, without prior notice.
Santa Ana is often asked for information not contained in the system or the web site. Although Santa Ana tries to ensure that all information given is correct, Santa Ana cannot however be held responsible if this should prove inaccurate.
20. Additional services
Santa Ana has made available to clients some contacts to some of the services used by the owners. These include The Chef, Thai Yoga Massage, and Language teaching. If the client decides to engage the providers of these services in any way, then this engagement is entirely at the client's risk. Santa Ana provides no guarantee or warranty whatsoever in connection with these services or the availability or the prices. Any information (or contact) provided on the "info" page, is provided on the same basis.
21. Notice and communication
Other than as specified in these Booking Conditions, all communication is conducted in writing using the contact page of this website.