General conditions


RESERVATION CONDITIONS

 

ATTENTION: 

You can collect the keys to your accommodation at the Bennecke offices from Monday to Friday from 9.00 am to 6.00 pm, except public holidays. Outside these hours the keys will be collected from a safety deposit box.

 

BENNECKE OFFICES: C/CALA DORADA 1, URB. ROCÍO DEL MAR. TORREVIEJA CP: 03185 - ALICANTE

 

GPS COORDINATES: LATITUD: 37.948081 | LONGITUD: -0.713836

 

1. DEFINITIONS.

2. SCOPE OF APPLICATION AND PROHIBITIONS.

3. CONFIRMATION AND ACCEPTANCE OF RESERVATIONS AND DOCUMENTATION.

4. PRICES, TAXES, DEPOSITS AND EXTRA SERVICES.

5. TIMETABLES AND DELAYS.

6. CHANGES IN RESERVATIONS.

7. RULES OF CONDUCT.

8. CONDITION OF THE PROPERTY AND CHARGES RELATED TO ITS MAINTENANCE.

9. TERMS OF PAYMENT.

10. CANCELLATIONS.

11. ADDITIONAL SERVICES.

12. DATA PROTECTION.

 

 

1. DEFINITION.

 

Bennecke: "Bennecke" means BENNECKE RENT S.L. and is a company whose corporate purpose, among others, is real estate brokerage and is registered in the Companies Register of Alicante, Volume 3867, Folio 46, Inscription 1 - Page A145451 and CIF number. B54860093.

Lease: Tourist and/or holiday lease.

Dwelling: Property leased for tourist and holiday use.

Booking: Hiring of the tourist and holiday rental service contracted through the computerised system accessed via www.benneckerent.com, or directly at the Bennecke office.

Booking confirmation: Automatic confirmation that occurs when the booking is made.

Days: unless expressly stated otherwise, calendar days shall be understood to be calendar days.

Working days: these are understood to be working days according to the Alicante city calendar.

Acceptance of the reservation: Written confirmation sent by Bennecke within 3 working days of receipt of payment for the reservation. 

Tenant: Natural person/s who make the reservation of the holiday or tourist rental and who have the right to enjoy the property during the agreed period.

 

Price: Final amount to be paid by the Tenant, including rent, additional services and commissions payable by the Tenant.

 

 

2. SCOPE OF APPLICATION AND PROHIBITIONS.

 

These terms and conditions (which may be amended from time to time) are only applicable to the services offered for Holiday and Vacation Rentals contracted by telematic means or at the Bennecke office. 

 

These terms and conditions are generally applicable insofar as they do not contradict or violate current legislation, in which case the aforementioned law shall prevail. Should any provision be declared null and void by a court decision, the remaining provisions, if any, shall remain valid insofar as they can remain without the clause declared null and void.

 

These rules regulate the conditions of use and booking of holiday homes offered by Bennecke. In addition to these basic rules, the Tenant shall be expressly informed of the regulations for the use of the common areas adjacent to the property, providing (if applicable) a brochure summarizing such obligations or limitations.

 

Bennecke is only responsible for the prices or offers published on its website: www.benneckerent.com. It is not liable for errors in price lists or offers on third party websites where its services are published.

 

It is expressly prohibited, and the Tenant expressly accepts this prohibition, the assignment and subletting of the rented accommodation. 

 

The Lessee expressly waives any rights to the property that the law may provide for this or any other type of lease.

 

 

3. CONFIRMATION AND ACCEPTANCE OF RESERVATIONS AND DOCUMENTATION.

 

To confirm the booking, the Tenant must fill in the booking form and provide as much information as possible about their travel plans in order to plan the arrival and departure of the accommodation and the additional services they wish to enjoy.

 

The Tenant expressly indicates the e-mail address provided on the booking form for the purposes of notifications provided for in this contract and in current legislation. In the event of a change of email address, this must be notified to Bennecke as soon as possible.

 

Once the booking has been confirmed, Bennecke will block the reserved property until receipt of payment for a period of 3 working days. If payment has not been received after this period, the accommodation will be unblocked and Bennecke does not guarantee that the accommodation will remain available. If Bennecke receives payment after the deadline has passed and the reserved flat is no longer available, the Tenant may choose between selecting another flat, provided that Bennecke has one available, or being reimbursed for the money paid. In the case of choosing the first option, if the price between the first and second home is different, the difference will be charged or paid.

 

 

Once the booking has been confirmed, Bennecke will accept the booking within 3 working days of receipt of payment. Acceptance will be communicated by email to the address indicated by the Hirer. If the booking is not accepted, Bennecke will refund the amounts received by the Hirer within 7 working days.

 

Acceptance of the reservation entitles only those persons included in the reservation to enjoy the rented property during the contracted period, prohibiting others from doing so. Once the reservation has been accepted, the number of persons entitled to use the property may not vary except with the express written authorisation of Bennecke. 

 

Once the booking has been confirmed, the Tenant will receive an email with information on how to check-in online, which is compulsory for all occupants of the property over 14 years of age. No entry to the accommodation will be permitted without the details of all travellers. 

 

 

In accordance with Order INT/1922/2003, of 3 July, on registration books and entry forms for travellers in hotel establishments and other similar establishments, any person staying in the accommodation must present their valid documentation (ID card or passport) and, if they are over 14 years of age, sign the registration form (Annex I).  This registration will be carried out at the time of key collection. In case of collecting the keys through the safe, all guests over 14 years of age must be present within 72 hours in our offices located in Cala Dorada, Urb. Rocio del Mar from 9:00 to 18:00 from Monday to Friday to formalize their registration.  In the event of non-appearance, the use of the rented property will be prohibited. Bennecke will pass on to the tenant any possible administrative, civil or criminal liabilities that may be incurred by the company, and will bring the facts to the attention of the competent police station/civil guard station.   

 

The formalization of the registration form does not exempt from the obligation to complete the online check-in prior to the collection of keys. Failure to complete the online check-in will result in an additional charge of €10 per traveler for the costs of checking in personally at the office. Check-in can only take place during Bennecke office hours.  

 

 

4. PRICES, TAXES, DEPOSITS AND EXTRA SERVICES.

 

PRICES

 

The prices per night are published on the Bennecke website. The property owner and Bennecke reserve the right to change the prices in the event of any tax or exchange rate changes, although such changes will only be effective for new bookings. 

 

The prices are in accordance with the quality of the goods and services and, in the absence of express specification or agreement to the contrary, shall include the repairs and supplies necessary for the use of the holiday accommodation in accordance with its purpose, including the use of the common elements and accessories of the properties.

 

 

DEPOSIT

 

A security deposit is compulsory for all contracted leases. The tenant shall hand over the deposit prior to arrival at the property and it will be returned once Bennecke has checked that the tenant has fulfilled all payment and maintenance obligations. If entry to the property takes place during working hours, the deposit will be retained in the office. In the event of entry outside working hours, the tenant will have to provide their credit card details for the corresponding deposit to be retained. Cash is not accepted for the payment of the deposit.

 

Regardless of the conditions set by the credit card holder's bank, Bennecke shall be entitled to retain the amount of the security deposit for a period of 30 days from the end of the rental period, which shall be extended for a further 30 days if the rental is for a longer period.

 

Once the rental period has ended and provided that the tenant has left the property, Bennecke will carry out an inspection of the property, in order to accredit that it is undamaged and in the same condition in which it was delivered, after which the deposit will be returned by the same means of payment, once the 30 days of retention established by the bank have elapsed.

 

The amount of the deposit shall be:

 

 

  • 1 bedroom properties = 300,00€.
  • 2 bedroom properties = 400,00€.
  • Properties with 3 or more bedrooms = 500,00€.

 

 

If the damage caused to the property or its common areas by the tenant or third parties at his expense is greater than the deposit paid, the tenant authorises the credit cards whose details he has provided for the purpose of the obligations arising from this contract to be debited. The same shall apply with regard to damages, if any, and unpaid deliveries, if these exceed the amount of the security deposit.

 

EXTRA SERVICES

 

  • Early check-in to the rented accommodation (from 10.00h): 30€ per booking.
  • Late check-out (until 16.00h): 30€ per booking.
  • Extra bed rental: 10€ per night, cot: 5€ per night, highchair: 3€ per night.
  • Additional bed linen and towels: 20€ for each additional set. 

 

 

TAXES

 

All prices shown here are exclusive of taxes, which are payable at the tax rate in force at any given time.

 

5. TIMETABLES AND DELAYS.

 

Check in and check out is free of charge during Bennecke's office hours (Monday to Friday from 9.00h to 18.00h, except public holidays). Outside these hours the keys will be collected in a safe deposit box. Bennecke will not offer an on-site reception service for the start of the Lease outside working hours. Out-of-hours and weekend telephone calls will be answered from 9.00 am to 6.00 pm on the emergency telephone number: +34 965 714 362. No customer service is provided outside these hours. 

 

Unless otherwise agreed, the Tenant must go to the Bennecke offices to carry out all the necessary formalities to access the property.

 

The property will be available from 16.00h on the day of commencement of the Lease. If the tenant needs access to the property before this time, he/she must inform Bennecke as soon as possible. In any case, Bennecke must approve this in writing in order for the tenant to be authorised to enter early, being authorised to demand a surcharge of €30.00 for each full hour of early entry.

 

The tenant must leave the property before 10.00 a.m. on the day of the end of the rental period. If the tenant needs to leave the property after this time, he/she must inform Bennecke as soon as possible and Bennecke must give its written approval. In addition, the Tenant shall pay a surcharge of € 30.00 for each full hour after 10.30 a.m. of the day. 

 

In the event of late arrival for any reason, the Hirer must inform Bennecke as soon as possible so that Bennecke is aware of the new arrival time. Bennecke shall not be obliged to wait for the Hirer if he/she has not been informed of the delay. A surcharge of €20 per hour of delay will be applied if this involves the attendance of an agent outside office hours. 

 

 

 

The obligation to reserve the holiday accommodation shall cease, with the loss of any advance payment made, if it is not occupied by the tenant within the agreed period, unless the tenant confirms his arrival within this period in an unequivocal manner..

 

 

 

6. CHANGES TO THE BOOKING

 

Any change (before or after the booking) or exception to these conditions must be agreed in writing between Bennecke and the lessee. 

 

Like any other change, the change of rental date must be agreed between Bennecke and the Hirer, and will be subject to a €15 administration fee.

 

 

7. RULES OF CONDUCT.

 

The Tenant undertakes to observe the laws and regulations of the Community of Owners, if any, at all times. Should they fail to do so, they must leave the property immediately, without prejudice to any compensation that their conduct may give rise to in favour of Bennecke, the owner or third parties.

 

Pets may not be brought into the property without the express consent of the owner. The introduction of unauthorised animals will give the right to unilaterally terminate the contract.

 

Smoking is only permitted on the terraces, balconies and outside areas of the property.

 

The contract may also be unilaterally terminated if the user incurs in any of the following causes for termination:

 

 a) The use of the dwelling for tourist use and/or the overnight stay of a number of users exceeding the maximum capacity of the accommodation or, where applicable, that which has been established in the contract. 

b) The transfer to third parties of the use of the tourist accommodation. 

c) Carrying out any activity that contradicts the usual uses of coexistence, hygiene and public order, or that prevents the normal rest of other users of the property.

 

 

8. CONDITION OF THE PROPERTY AND CHARGES RELATED TO ITS CONSERVATION.

 

The price of the accommodation includes maintenance, upkeep and repairs (with the exception of those that exceed normal and diligent use). Bennecke will attend to all questions that may arise regarding the accommodation and its condition during its office hours.

 

  • When the damage caused to the property by the lessee or third parties in his charge exceeds the normal and diligent use, the lessee shall be responsible for the same, authorising the credit cards whose details have been provided for the purpose of the obligations arising from this contract to be charged for the amount of the same. The same shall apply with regard to unpaid deliveries. 
  • In compliance with the applicable regulations, Bennecke will provide the tenants with complaint forms, with the express warning that Bennecke is not responsible for the activities carried out by third parties/companies outside the accommodation, e.g. common areas or nearby areas. In this regard, Bennecke will not accept any claims made on the basis of third party liability, nor for any matters beyond its control unless expressly agreed, with the Tenant expressly stating that he/she is aware of and accepts these terms by signing the rental contract.
  • The Tenant is obliged to report any damage to the property at the time of entering it. Any damage reported at a later date may be imputed to the Tenant.
  • If, on entering the dwelling, the Tenant observes any essential problem in the dwelling, the parties agree that the search for a solution will be governed by the following rules:
  • Firstly, it will study the problem to see if it can be solved within 24 hours. 
  • In the event that it is not possible to solve the problem within the aforementioned period, Bennecke will assign the Tenant another property of similar characteristics, if available, within a maximum of 24 hours from the time it was known that the problem could not be solved. If there are no similar properties available, it will offer other solutions and, if these are not accepted by the Tenant, the amount paid will be refunded.

 

 

Incidents related to the following will be considered urgent:

 

  • Basic supplies (water, electricity, gas).
  • Access to the home.
  • Incidents that compromise the habitability of the home.

The rest of the incidents will be dealt with during the working hours of the Bennecke office, which may be:

 

  • Internet, television, electrical appliances, including air conditioning.
  • Furniture and inventory.
  • Any other matter that does not affect the habitability of the property.

 

 

Once the Tenant has entered the property, Bennecke must be notified by the Tenant of any incident that may occur in the property via the online portal help.bennecke.com; incidents reported by other means of communication will not be dealt with. When such an incident has not occurred due to fraudulent or imprudent conduct on the part of the Tenant, Bennecke undertakes to resolve the incident as soon as possible, or if necessary, to replace the rented property with another that is available. The Tenant waives any compensation for breach of contract if he/she decides to leave the property without giving Bennecke the option to repair it.

 

In the event of any incident occurring in the property during the duration of the lease, Bennecke undertakes to send a technician to carry out the necessary repairs as soon as possible. If the tenant is not in the property when the technician visits the property, Bennecke shall be authorised to facilitate the tenant's entry by means of the key he/she possesses to the property. The technician will leave a notification at the property regarding his visit and the resolution of the reported incident. 

 

Bennecke will provide an extra set of sheets for stays of more than 7 days in each property, including one set of towels per traveller. 

 

Each property will have a complementary service of beach towels at the disposal of the Tenant. For each lost or damaged towel a charge of 15€ will be applied.

 

 

 

9. TERMS OF PAYMENT.

 

Bookings made up to 28 days prior to arrival: The Hirer shall pay 25% of the price at the time Bennecke accepts the booking and the remaining 75% up to 28 days prior to the start of the booked arrival date.

 

Bookings made less than 28 days in advance: The Hirer shall pay 100% of the price at the time Bennecke accepts the booking.

 

There are two methods of payment for bookings:

Payment by debit/credit card via virtual POS. 

Payment by bank transfer. When payment is made by this method, the property will not be blocked until the transfer is received (normally within 72 hours of booking). As long as the booking has not been accepted by Bennecke, Bennecke reserves the right to cancel the booking. 

 

All costs that may be incurred as a result of the chosen method of payment shall be borne by the Tenant. 

 

 

10. CANCELLATIONS.

 

If the Hirer cancels the booking, Bennecke shall be entitled to be reimbursed for any duly justified administration costs. 

 

Furthermore, except for reasons beyond the control of the Hirer, and provided that this has been duly demonstrated, Bennecke shall also be entitled to compensation consisting of:

 

  • 10% of the price when said cancellation is made more than 30 days prior to the date set for the occupation of the accommodation.
  • 50% when the cancellation is made more than 7 and up to 30 days in advance.
  • 100% when the cancellation is made 7 days or less in advance.

 

The amount resulting from the application of the above percentages will be withheld from the advance payment, if any, that the client may have made. The following may also be withheld

justified administration costs may also be retained if there is a balance to do so.

 

If Bennecke does not honour a confirmed booking, the customer shall be given the option of either:

 

  a) Occupy another accommodation of the same or superior characteristics and category.

 b) Withdraw from the contract, with the payment of the amounts that have been paid.

 

 

11. ADDITIONAL SERVICES.

 

All additional services offered on the Bennecke website must be paid for together with the booking. The Hirer must send Bennecke any necessary and relevant information sufficiently in advance so that Bennecke can plan the contracted services and check their availability.

 

 

12. DATA PROTECTION.

 

In accordance with the provisions of Organic Law 3/2018, of 5 December, on the Protection of Personal Data and guarantee of digital rights and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, we inform you of the following:

  • Responsible: All the data contained therein and that you have voluntarily provided us with will be processed by the Data Controller BENNECKE RENT SL, NIF B-54860093 and registered office at Calle Cala Dorada, 1 - Torrevieja - Alicante for the purposes specified below.

 

  • Purposes and Legitimation: The personal data will be used for :

a)To process and provide the contracted service. The basis of legitimacy is the execution of a contract or the application of pre-contractual measures.

b) To comply with the legal obligations that are directly applicable to us and regulate our activity (e.g. accounting and tax obligations, prevention of money laundering). The basis of legitimacy is the fulfilment of legal obligations.

c) To send commercial communications relating to the goods or services that make up our activity and/or news or bulletins related to the real estate sector. In the case of communications about services similar to those already contracted (sales, purchases, rentals...), the basis of legitimacy is the fulfilment of a legal obligation foreseen in article 21 of Law 34/2002 on Information Society Services and Electronic Commerce, if the communications are sent by electronic means or the legitimate interest of the Data Controller if the communication is sent by a non-electronic means. In any case, you may object to receiving commercial communications at any time.  In the case of services other than those contracted, the basis of legitimacy is consent, which you may revoke at any time. For the latter, you must tick the corresponding box depending on whether or not you wish to receive advertising for services other than sales, purchases and rentals.

 

NO I give my CONSENT to BENNECKE RENT, S.L. to send advertising for services other than sales, purchases and rentals.

d) To carry out quality surveys to evaluate our service and to participate in draws and promotions.  The basis of legitimacy is the consent that you can revoke at any time. To do so, you must tick the corresponding box below.

NO I give my CONSENT to BENNECKE RENT S.L. to carry out quality surveys.

NO I give my CONSENT to BENNECKE RENT S.L. to participate in draws and promotions.

 

  • Conservation period: They will be kept for the time necessary to fulfil the purpose for which they were collected and to determine any possible liabilities that may arise from this purpose and from the processing of the data. Once the purposes for which the data were initially collected have ceased to exist or the data subject has exercised the right to oppose or delete their data in the legally applicable cases, they will remain blocked in the systems of the data controller in accordance with the legally established statute of limitations.
  • Transfer of data: Your data will not be passed on to third parties without your express consent, except in the cases established by data protection legislation or other laws that regulate this. 

Your data may be transferred to the companies of the Bennecke Commercial Group (comprising Bennecke Real Estate, S.L. and Bennecke Rent, S.L.) if you give your consent below:

 

SÍ NO I give my CONSENT to the transfer of my data to the Bennecke Commercial Group.

 

  • International Transfers

The Controller does not intend to make international transfers of data. However, it may use service providers and data processors that may include system hosting and maintenance services, analytics services, email messaging services, etc.. Some of these outsourced services may involve international data transfers. However, in the event of international data transfers, they will be carried out in accordance with the requirements established in the data protection regulations, such as:

-Transfers to countries with a level of protection comparable to that of the European Union by means of adequacy decisions of the European Commission.

-Adequate safeguards, such as standard data protection clauses adopted by the European Commission or standard data protection clauses adopted by a supervisory authority, among others.

 

  • Exercise of rights: You may exercise, free of charge, if you wish, your rights of access, rectification, deletion, and those of limitation and opposition to their processing and portability, (when technology permits) by sending a written communication to the e-mail address [email protected], enclosing a photocopy of your D.N.I./N.I.E. or equivalent document.  In the event that you consider that your request has not been dealt with correctly, you may lodge a complaint with the Supervisory Authority (Spanish Data Protection Agency).  

Likewise, you may withdraw the consent given for processing operations in which this is the basis for legitimation at any time, and by the same means by which you may exercise the rest of the rights referred to above.

We inform you that no automated decisions are taken and no profiles are created.

 

Finally, you can obtain more information about the way in which we process your data by contacting us via the email address indicated in the exercise of rights or via our website: https://www.bennecke.es/politica-de-privacidad/ . 

 

ANNEX I

 

REGISTRATION FORM

 

 

(Please fill in capital letters)

Details of the establishment

 

Part no:

Name of establishment:

NIF:

Municipality:

Province:

 

Stamp of the establishment(6)

Traveller's details:

Identity card number:

Type of document:(1)

Date of issue of the document:(5)

First surname:

Second surname:

First name:

Sex:(2)

Date of birth:(3)

Country of nationality:(4)

Entry date:(5)

......................................,  ............  .........................

Signature of the traveller(7)

The collection and processing of this data will be carried out in accordance with Organic Law 3/2018, of 5 December, on the Protection of Personal Data and the guarantee of digital rights, and, insofar as applicable, that relating to the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences, and under the protection of Organic Law 4/2015, of 30 March, on the Protection of Public Security, article 25.1.

Instructions on how to fill in the form

(1)The following are admitted:

- For Spaniards: DNI, passport or driving licence.

- For foreigners: Passport, letter or identity card (for citizens of the European Union, Andorra, Iceland, Switzerland, Norway, Malta, Monaco and San Marino). Valid Spanish residence permit for foreigners resident in Spain.

To be completed: D = DNI, P = Passport, C = Driving licence, I = Identity card or document, N = Spanish residence permit, X = Residence permit from another Member State of the European Union.

(2)F = Female sex, y M = Male sex.

(3)In the format YYYYYMMDD, at least the year of birth shall be filled in. The month and day, if unknown, shall be entered as 0000.

(4)Name of country of nationality.

(5)In the format YYYYYMMDD.

(6)Only for those establishments that do not fill it in digitally.

(7)The signature can be collected on paper or on a digital medium.

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