Rental Terms for Guests
Away.rentals is a holiday rentals service provided by Away.rentals
This Agreement defines the terms and conditions (the “Terms” or the “Agreement”) for Guests when booking holiday homes offered by Away.rentals for rental on third party websites (“Sales Channels”).
By making a booking, you (“Guest”) are entering into an agreement with the owner or licensed rental agent of the holiday home (“Property Manager”). Away.rentals acts as an intermediary between you and the Property Manager and shall be only liable as such. Where reference in these booking conditions is made to Away.rentals taking an action, that action is taken on behalf of the Property Manager.
The booking of holiday homes shall always be subject to these Rental Terms, which, together with the Booking Receipt form an agreement between you and the Property Manager. Any amendments to the Rental Terms shall only be valid if they are made in writing. If you choose to order or buy additional services or products from the Property Manager, or should you be provided with any additional services or products not included in the Rental Terms, such as transfers from the airport, entrance to a tourist attraction or similar, these additional services or products will represent a separate agreement between you and the Property Manager of the holiday home or the facilitator of the service/product.
Upon confirmation of your booking, you will receive by email a Booking Receipt which contains travel directions and contact details of the Property Manager to arrange check-in and key collection.
1. Rental Period
The booking receipt contains information regarding the time at which the holiday home is ready for check-in on the first day and check-out on the final day. The key will only be provided if the full rent has been paid in accordance with the booking conditions and upon presentation of the booking receipt and valid photo ID.
2. Guests
2.1 Age of Guests
When booking a holiday home, the Guest making the booking must be at least 21 years old.
Youth groups, meaning parties of 4 persons or more who are primarily under 21 years of age must notify the Property Manager that they are a youth group at the time of booking. The Property Manager shall be entitled to reject a group before or upon check-in if such notification is not made.
2.2 Number of Guests
At any time, the holiday home and the grounds of the property may be occupied by no more than the maximum number of Guests stated on the booking receipt. The maximum Guests number includes children regardless of their age. If you have paid for additional Guests, then the maximum Guests is the sum total of maximum Guests plus paid for additional Guests.
If the house or the property is occupied by more than the maximum number of Guests allowed, the Property Manager shall be entitled to request the additional people to vacate the holiday home without notice. If the Guest does not comply with this request within 12 hours, the Property Manager shall be entitled to terminate the rental agreement with immediate effect and to oblige all occupants to vacate the holiday home without further notice and with no refund.
3. Bookings and Payments
3.1 Instant Bookings
When your payment is accepted for a property on Instant Booking, the booking shall be immediately “confirmed” and binding.
3.2 Request Bookings
Some holiday homes are available on Request Booking where it will be stated that “the Property Manager requests 24 hours to confirm your booking”. In such a case, your payment card will be authorised for the full booking amount for a period of up to 24 hours. If the Property Manager accepts your booking request, your card will be charged and the booking shall thereafter be “confirmed” and binding. If the Property Manager declines your booking request, the payment authorisation on your card will be immediately canceled. Depending upon your bank, this payment authorisation may be removed from your account immediately or it may take up to 7 days.
3.3 Booking Receipt
When your booking has been confirmed by the Property Manager, either by way of Instant Booking or by the Property Manager’s acceptance of your Request Booking, Away.rentals will send to you by email a unique confirmation page for your booking (“Booking Receipt”). This confirmation page contains important information such as your unique Booking reference number, contact details for the Property Manager, exact address of the property, travel directions and optional extras and services that you may order from the Property Manager.
3.4 Rates, Taxes and Currency
Unless otherwise stated, all prices are in BRITISH POUNDS ( £ ) and payments for bookings will be made in BRITISH POUNDS (£). Some third party websites and sales channels may convert the price into your local currency, however when the payment is processed by Away.rentals it will be charged to your card in BRITISH POUNDS (£).
The rate charged includes all sales taxes and VAT. However some Countries, localities require the Property Manager to collect “tourist taxes” which are shown when you make your booking and on your Booking Receipt.
Should you be required to pay the Property Manager upon check-in for tourist taxes or for optional services that you have ordered, you will be required to pay for these in the local currency.
3.5 Payments for optional services
It may be possible to order optional services from the Property Manager from the Booking Receipt page. If you place an order for optional services, e.g. a boat, extra bed, airport transfers or internet, directly with the Property Manager and beyond the agreement which has been entered into with Away.rentals as the intermediary, you may be charged an additional amount which should be settled directly with the Property Manager. While Away.rentals provides a facility for you to order optional services from the Property Manager, we are not party to any agreement for these optional services.
3.6 Consumptions
All consumptions (from electricity, heating, water usage) are included in the Rental Rates. Away.rentals does not allow Property Managers to charge additionally for such consumptions. In the event that you are asked to pay for consumptions while staying at the property, you should report a problem according to Section 6 below.
4. Cancellations
4.1 Cancellation terms
The Cancellation terms, including your entitlement to a refund when cancelling your booking, form part of these Rental Terms and Conditions. The cancellation terms are provided prior to booking on the booking details page and also after booking on your Booking Receipt page.
4.2 Cancelling you booking
Cancellation can only be made by you from the Booking Receipt page, where you must click the Cancel Booking button and successfully submit the requested information on the cancel booking form. Your cancellation shall only apply from the time at which this is successfully submitted.
Your right to a refund when cancelling your booking may be based upon submitting your cancellation at least a certain number of days before check-in. The check-in time is taken to be the earliest check-in time as specified on your Booking Receipt regardless of whether you have agreed another check-in time with the Property Manager, and the check-in time zone is the timezone of the Property, and not the time zone in which you reside.
In the event that you are entitled to receive a full or partial refund, Away.rentals will send your refund to the same payment card that you used to pay for your booking. Refunds are processed within 24 hours of cancellation and may take 5-10 bank days to reach your bank account.
4.3 Cancellation by Property Manager
In the event that the Property Manager cancels your Booking, you will receive a full refund. Refunds are processed within 24 hours of cancellation and may take 5-10 bank days to reach your bank account.
5. During Your Stay
5.1 Tents and caravans
It is prohibited to pitch tents or have caravans or similar structures on or by the holiday home property. The Property Manager shall be entitled to demand these be removed immediately. If the Guest does not comply with such instructions, the Property Manager shall be entitled to terminate the rental agreement with immediate effect and to oblige all occupants to vacate the holiday home without further notice and with no refund of the rent.
5.2 Pets and allergies
In some houses pets are not allowed. However, neither the Property Manager nor Away.rentals can guarantee that there have not been any pets in the house on prior occasions or that the holiday Property Manager does not have pets on or nearby the property. Neither the Property Manager nor Away.rentals assumes any responsibility for the Guest’s allergic reactions in any of the holiday homes.
5.3 Noise
Occasionally Guests may experience unexpected noise from construction sites, traffic etc . Neither the Property Manager nor Away.rentals can be held accountable for unexpected noise.
5.4 Swimming pools / Saunas / Gyms / Tennis Courts
For safety reasons, the Guest shall follow any instructions from the Property Manager relating to the use of a swimming pool if the holiday home includes one. The Guest shall be ultimately responsible for any use of the swimming pool. Children under the age of 16, are not allowed around the pool area or in the pool itself without the supervision of an adult.
6 Reporting a Problem
6.1 Report a problem
In the event that you experience any issues as you get settled in, including problems checking-in, property not as advertised or advertised facilities not being available, you are able to “Report a Problem” within 24 hours of check-in. The check-in time is taken to be the earliest check-in time as specified on your Booking Receipt regardless of whether you have agreed another check-in time with the Property Manager, and the check-in time zone is the timezone of the Property, and not the time zone in which you reside.
Reporting a Problem can only be made by you from the Booking Receipt page, where you must must click the Report a Problem button and successfully submit the requested information on the Report a Problem form.
6.2 Resolving your problem
Once you have Reported a Problem Away.rentals will ensure that the Property Manager is immediately notified and will not process any pending payments to the Property Manager until such time that the Problem has been resolved. In case of a Problem, you shall grant the Property Manager a reasonable time limit to remedy the Problem or repair any defect or damage.
In the event that you are not able to find a suitable resolution directly with the Property Manager, Away.rentals may choose to mediate a solution.
The Problem is considered resolved when you click the “Problem solved” button from the Booking Receipt page, or when you tell Away.rentals that the problem is solved by email.
7. Final cleaning
Final cleaning may be provided by the Property Manager or it may be your responsibility to perform final cleaning. Terms for final cleaning are defined below depending upon your booking.
7.1 Included in the rental rate or paid at time of booking
When final cleaning is included in the rental rate or paid at time of booking, you are expected to leave the house tidy with the refrigerator and freezer emptied, dishes washed and put away and trash placed in the external bins provided. If in doubt, refer to the house rules if provided or ask the Property Manager.
7.2 Optional extra paid at check-in
In the case that final cleaning is an optional extra and paid at check-in, you should consult the Property Manager when checking-in for specific terms.
7.3 Guest responsibility
In the case that final cleaning is the Guest’s responsibility, you should consult the Property Manager when checking-in for specific terms. Because of the responsibilities towards the Property Manager, you are not allowed to let any third party do the cleaning.
8. Damage and Security Deposits
8.1 Your responsibility
You shall treat the rented premises in a responsible manner, and must return the rented premises in the same condition as they were received.
8.2 Your liability
You are liable to the Property Manager for any damage to the holiday home and/or its inventory/furniture/appliances or facilities committed during the rental period. Damage to the holiday home and/or its inventory made during the rental period must be reported to the Property Manager immediately.
8.3 Property Manager claim
Any claim by the Property Manager in respect of damage made during the rental period, whether such damage has been reported by the Guest or whether it has been otherwise ascertained, can be made up to 48 hours after the latest check-out time. The check-out time is taken to be the latest check-out time as specified on you Booking Receipt regardless of whether you have agreed another check-out time with the Property Manager, and the check-out time zone is the timezone of the Property, and not the time zone in which you reside.
8.4 Security deposits
As part of these Booking terms, the Property Manager may request you to agree to a Security Deposit at the time of booking. This will be clearly stated on the booking details page and also after booking on you booking receipt. The maximum amount you are liable for will be stated.
In the event that the Property Manager reports to Away.rentals damages or missing inventory/furniture/appliances within 48 hours of check-out and provides evidence of such, you agree that Away.rentals may charge your payment card an amount up to the maximum amount of the Security Deposit. In the event that Away.rentals is not able to charge your payment card, you agree to make payment via other means within 7 days.
9. Away.rentals as the intermediary
Away.rentals is the intermediary for the renting of holiday homes and is not the owner of these. All contractual and legal responsibilities and obligations shall therefore rest with the Property Manager alone. Away.rentals shall safeguard the Property Manager’s interests in connection with the completion of the booking. If, contrary to Away.rentals’ expectations, a booking cannot be completed due to reasons beyond Away.rentals’ control, e.g. due to sale by order of the court or due to the Property Manager’s breach of contract or similar, Away.rentals shall be entitled to cancel the booking, and the rent which has already been paid by you shall be refunded by Away.rentals immediately. However, as an alternative and at Away.rentals own discretion, Away.rentals is entitled to offer you another, similar holiday home in the same area and at the same price.
10. Extraordinary events
10.1 Force majeure
If the completion of the rental is made impossible or difficult to a significant degree due to events/ force major, e.g. war, natural disasters, pollution disasters, drought, other extraordinary weather conditions, epidemics, the closing of borders, traffic conditions, the interruption of currency trading, strikes, lockouts and similar force major which were not foreseeable at the time when the rental agreement was entered into, Away.rentals and the Property Manager shall be entitled to cancel the rental agreement as neither the Property Manager nor Away.rentals can be held liable in the above cases. In the case of force major, Away.rentals shall be entitled to retain all amounts paid to it by the Guest.
10.2 Other extraordinary events
Neither the Property Manager nor Away.rentals can be held liable for cases of insect attacks in the holiday home or on the property, nor for theft, damage to or similar circumstances relating to the Guest’s property.
11. Processing of personal data
Away.rentals may collect and process personal information about you necessary for the performance of a contract between you and Away.rentals.
Away.rentals will not process additional personal information about without your prior consent.
You have a right to request access to and rectification of personal information about you. You also have the right to object to our processing of personal information about you and you have a right to lodge a complaint with a supervisory authority.
You can read more about the personal information Away.rentals processes and the measures taken to protect your personal information in our “Privacy and Cookie Policy”.
Please note, that third party websites may also collect and process personal information about you and your behaviour on their website. Your access to and use of third party websites is solely subject to the given privacy policies of such sites.
12. Miscellaneous
In the event of any discrepancy between these Rental Terms and any other written agreement made between the Guest and Away.rentals, these Rental Terms shall prevail.
In the event of any discrepancy between the English and any translated version of the Rental Terms (due to translation or mistakes etc.) the English version will prevail.
Away.rentals has communicated all information including photos, descriptions and facilities in the product feed available to Sales Channels as accurately as possible. As such, Away.rentals is not liable for any errors by Sales Channels in displaying this information on their own websites.
As holiday homes are privately owned, changes might occur in the information given. Away.rentals shall not be responsible for such changes.
We recommend you thoroughly read the information and details contained on the Booking Receipt page as they form part of these Rental Terms for Guests.
13. Jurisdiction
This Agreement is made under EU / Portugal law and any disagreements will be settled in the appropriate court in Madeira, Funchal.