Terms & Conditions
1. Your Contract
Mijas Villas is the trading name of Mijas Villas Limited which is registered in the UK at Livsey & Spottiswood (Chartered Accountants), 17 George Street, St.Helens, Merseyside, WA10 1DB. The company registration number is 4347478. Mijas Villas act as the letting agent for the owners of the properties offered on this web site. Any contract is between the owners of the property and the applicant.
2. How to Make a Reservation
In order for us to accept your booking your party leader must read these conditions. The person who signs or 'submits' the booking form does so on behalf of all the members of the party and binds them jointly to these terms and conditions. When you ask us to confirm your booking we will allocate you your chosen property and confirm your reservation.
3. Method of payment
Payment can either be made by credit card, debit card or by bank transfer. If paying by bank transfer we will hold your selected property for 7 days whist you arrange payment. Should you wish to pay in any other currency other than GBP please use our Credit or Debit Card facilities. All card transaction are billed in GBP and converted to your local currency by the card issuer at their prevailing rate. Please note that there is no transaction surcharge for paying with a debit or a credit card. We accept all major cards except American Express, Diners & Laser.
4. Initial Payment
At the time of your booking you will be asked to pay an initial deposit of 25% of the total cost of the property. This payment is your only commitment until 10 weeks prior to your arrival.
5. Payment of Balance
The balance of the holiday cost must be paid at least 10 weeks prior to arrival. Please ensure that payment is made within that time otherwise we reserve the right to treat your booking as cancelled, in which case you could be liable to pay us the cancellation charges detailed below. If you arrange your holiday within 10 weeks of travelling then full payment is due with your booking.
6. If You Cancel Your Booking
If you wish to cancel your booking you must do so by sending written confirmation. The person who signed/submitted the booking form must also sign the letter. In the event of a cancellation and to compensate for the expense of processing your booking and for any loss that may result from being unable to re-sell the holiday, we charge the following cancellation fees:
*Period before departure within which Amount of cancellation fee
cancellation notice is received. (as % of total booking cost)*
More than 71 days: Loss of deposit
70 - 43 days: 40%
42 - 29 days: 60%
28 - 0 days: 100%
7. Insurance Requirements
Holiday and travel Insurance, including cancellation cover, is essential for your own protection and we strongly recommend that you and all members of your party be suitably insured. If you choose to travel without adequate holiday insurance cover, we will not be liable for any losses however arising in respect of which insurance cover would otherwise have been available.
8. Damage deposit / Accidental Damage Waiver (ADW)
We don't take a damage deposit, but we charge a mandatory non-refundable accidental damage waiver (ADW) fee of £10.00 per person, per booking (not per week). This is to cover accidental damage that may occur in your property during your holiday, this will cover you up to the value of £150.00 per person. Please note that wilful and negligent behaviour is not covered by this charge, and should this occur you may be asked to cover the cost of damage locally. The afore mentioned is for standard bookings only, if you are renting a property to hold a function, in addition to the venue fee, we will also require an additional damage deposit.
9. Party Size
Please note that over-occupancy of property is not allowed. Only the guests listed on the guest list may occupy or visit the property during your booking, unless prior written agreement has been made with Mijas Villas otherwise. This includes outside areas of properties, pool areas, and communal areas of properties with shared pools and gardens. Mijas Villas, the property owners and their agents reserve the right to refuse admittance and/or require guests to leave if this condition is not observed. Please note no refund would be due in these circumstances. Your guest list can be amended at any time prior to arrival via your online account.
10. Problems With Your Property
If you have a problem during your holiday, immediately inform the local representative who will then endeavour to put things right. If you fail to do this we cannot accept responsibility, as we have not had the opportunity to investigate and rectify the problem. Although we will make every effort to deal with problems promptly, a reasonable amount of time should be allowed for repairs to be completed by outside contractors. In the unlikely event that a problem is not satisfactorily resolved during your stay we require written notification within 14 days of the completion of your holiday. Please note that we accept no liability for intermittent failure of public supplies or utilities such as water, electricity & internet over which we have no control, nor of sewage systems, plumbing or mechanical equipment in villas, but shall use our best endeavours to arrange prompt repairs where possible.
11. Check in / Check out times
Your accommodation is available after 3pm on day of arrival and must be vacated by 10am on day of departure. The maid, gardener, pool man need this time to prepare the accommodation properly for incoming guests. Although you are not required to vacate your property before 10am please be aware that staff may arrive before this time.
12. Change and Non Availability of accommodation
On rare occasions it may be unavoidable to change your chosen villa because of circumstances beyond our or the owners control; we will endeavour to inform you of this asap and offer you either alternative accommodation of similar or superior standard, a refund if nothing is suitable or discuss other options. No further claim against the owner or the letting agent for any loss suffered will be considered.
Mijas Villas do not accept liability for any act or neglect on the part of the owners or any other person not within their employ or their control, nor for any accident, damage, loss, injury or expense, whether to person or property, which the tenants may suffer arising out of, or in any way connected with the letting. The owner and the letting agent also accepts no liability for loss of or damage to the tenants' possessions on the owners' property.
You must inform us if you plan to hold an event at your rental property and request permission at the time of booking. A copy of our guidelines and limitations for events are available on request. Failure to follow the guidelines can result in the property owner or their agent cancelling the event. Please note that any complaints from neighbors or legal action resulting from your event is the responsibility of the tenant and not the owner nor Mijas Villas Ltd.
15. Fire Hazards
Mijas Villas do not accept any responsibility for any negligent fire damage caused by the tenants.
16. Property Standards
We have carefully selected and inspected all the properties that we advertise and we endeavour to maintain high standards. However, inevitably, items break or require maintenance, therefore please be aware that you may encounter maintenance staff and gardeners during your stay. Please also remember that these are people's homes - please leave the villa in a reasonably clean and tidy condition, and remove all rubbish at the end of your stay. We reserve the right to charge for extra cleaning and rubbish removal if necessary, and to charge this to your credit or debit card.
We endeavour to ensure that all the information including property descriptions and photographs on our website are accurate. However, occasionally changes and errors occur and we reserve the right to correct details in such circumstances. Also, items break and may sometimes change and therefore furniture, appliance etc… may vary from our website copy and photographs. We accept no liability should a description or a photograph be inaccurate. If a particular facility offered in a property is essential to the booking of your holiday, please ensure that we are made aware of this prior to you completing a booking request on the website.
18. Availability of Amenities and Facilities
Occasionally, some amenities or facilities may not be available or their use may be restricted, for example if maintenance or repair is required or due to public health measures. Whilst we will endeavour to keep this to a minimum Mijas Villas will not be held responsible and does not accept any liability should any amenities or facilities not be available at any point during your stay. This includes, but is not limited to, any communal facilities such as indoor and outdoor swimming pools, heating of pools, gyms, tennis courts, spa facilities, restaurants etc..
19. On Arrival
Immediately upon arrival at your holiday home please familiarise yourself with the layout of the property and identify any potential hazards e.g. unexpected steps, slippery surfaces, pool depths etc. Please also read the safety precaution information contained within the welcome book.
Some of our properties are in rural locations and as such there maybe farmyard noises in the vicinity. Other properties might be located in residential areas, please remember that sound travels and noise should be kept to reasonable levels especially after 11 pm. Roadworks and/or building work in close proximity to our properties may occur without any prior warning, this is understandably beyond our control.
21. Native Wildlife
Most of our properties are in rural locations or surrounded by gardens, it is possible that you might encounter some of the local wildlife i.e mosquitoes, wasps, ants, cockroaches, native rodents – fruit rats etc. Unfortunately we cannot be held responsible for their presence or control, although we would make every effort to eradicate pests.
In those properties that provide a safe for guest use we cannot accept responsibility for any loss under any circumstances.
23. TV Reception
The south of Spain is a fringe reception area for UK satellite television. Satellite television reception may be affected by atmospheric conditions from time to time which is beyond our control. We cannot be held responsible for any changes in transmission by the satellite companies leading to the loss of a signal/ channel reception.
24. Air Conditioning
Full air conditioning means all the bedrooms and the living areas unless stipulated otherwise, it does not mean that the system is on 24 hours a day. We accept no responsibility for the breakdown of these units under any circumstances although we will always endeavour to rectify the matter as soon as possible.
25. Pool Heating & Pool Lights
We make every effort to ensure that pool heaters are in working order, unfortunately sometimes they break; therefore if a pool or Jacuzzi cannot be satisfactorily heated our liability will be limited to the amount paid for pool / Jacuzzi heating.
Whilst most of our pools are floodlit but we don't advertise them as having pool lights as we can't guarantee that the pool light will be working ... they are very sensitive to Spanish electric voltage fluctuations and the bulb can easily blow. To replace the bulb or sealed unit usually means that the pool water has to be lowered which due to water regulations we cannot do in the summer months.
26. Properties Close to Golf Courses
Please be aware that the risk of stray golf balls entering the gardens/patios of properties near golf courses is unavoidable.
We regret that pets are not permitted at any of our properties.
28. Included in the Cost
If you are staying for up to 10 nights the maid service will be on your day of arrival and day of departure only. Most houses do though have washing machines or, should you wish, additional cleaning & laundry can usually be arranged at an additional charge. If you have booked accommodation for 11 nights or more you will also have a mid stay sheet/towel change and clean.
Towels but not pool towels (unless otherwise stated)
Pool and garden maintenance
All water and electricity
All local and other taxes
Assistance of our local representative if required (during office hours unless an emergency)
29. Data Protection
30. Force Majeure
We will not be liable to refund beyond what is set out in clause 6 or compensate guests in relation (wholly or in part) for a “Force Majeure” situation. A Force Majeure includes any event, act, omission or action (or series thereof) that is outside our reasonable control. For example, but not limited to, riot, civil unrest, industrial disputes, natural or nuclear disasters, adverse weather, fire, risk to human health such as the outbreak of a serious disease, an epidemic or pandemic, changes to law, natural disasters, acts of god, explosions, fires, riots, terrorist attacks (or threats thereof), war including armed conflict (or threats thereof) and all similar events that make it difficult/impossible to travel safely to or remain at your chosen property.
31. Governing Law and Jurisdiction
The validity, construction and performance of this Agreement shall be governed by English Law. The Applicants and the Tenants submit to the exclusive jurisdiction of the English courts.
32. Blue Pencil Test
If any of these terms and conditions should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these terms and conditions are intended to be effective, then to the extent and within the jurisdiction which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from that clause and the remaining terms and conditions shall survive, remain in full force and effect and continue to be binding and enforceable.