Contracting Parties and Object of the Contract
Owner: Oliver Strunk, Barri de Sobrestany 6, 17141 Torroella de Montgrí. This fixed-term rental contract covers the temporary use of the holiday home strictly for residential purposes.
1. Conclusion of the Contract
By submitting a written booking confirmation (a mere inquiry is insufficient), the guest makes a binding offer to enter into a contract. The owner will then confirm the essential booking details (arrival/departure dates, number of people, price). For 'Last Minute' bookings, a telephone confirmation is valid and will be provided in writing after arrival.
Prior to the start of the stay, the guest has the right to request that a third party assumes all contractual rights and obligations. The owner may object if the third party is deemed unsuitable or if legal regulations prohibit it. Should a third party assume the contract, both the original guest and the third party are jointly and severally liable for the rental fee.
2. Payment
A down payment of 20% of the total rental price is due upon receipt of the booking confirmation/invoice and must be received within 10 days of the invoice date. The remaining balance is typically due 8 weeks before arrival. Any different payment arrangements must be confirmed in writing (email). Failure to pay according to the agreed deadlines may be treated as a cancellation by the guest, as stipulated in clause 5.
Agreed upon additional services (e.g., bicycle rental, shopping service) must be paid for directly at the accommodation.
Rental prices are generally quoted as daily rates and are expressed in Euros.
Prices and descriptions are subject to change and typographical errors. The currently published prices on https://www.sobrestany.cat always apply.
3. The Rented Property and its Use
The rented property belongs to the owner named above. The owner is responsible for the description, equipment, and cleanliness only to the extent reasonably expected given the frequent turnover of guests.
Maximum occupancy is limited to the number of people specified in the description. Any additional persons require prior arrangement; otherwise, the owner may deny access.
In summer, the minimum stay is generally 7 nights. Shorter stays are only possible to fill existing gaps of less than 7 nights. Check-in is from 17:00 (or by arrangement), and Check-out is by 10:00 (or by arrangement).
If the guest fails to arrive on the scheduled day and does not notify the owner/representative within 48 hours, the contract is considered terminated. The owner is then entitled to re-rent the property.
Tents and caravans are not permitted on the property. The guest is obligated to keep the property reasonably clean during the stay; additional cleaning can be booked for a fee. Upon departure, the property (including inventory) must be left swept and tidy. The final cleaning is performed by the owner's staff; the relevant fee (if applicable) is indicated in the description and booking confirmation.
Pets are only allowed with the owner's prior written approval, specifying the breed and number. Unauthorized pets or exceeding the agreed occupancy may result in immediate termination of the contract without compensation from the owner.
The scope of services is based exclusively on the online description; any subsidiary verbal agreements require written confirmation from the owner.
Bed linen and towels are provided by the owner.
Defects must be reported immediately, and at the latest, within 24 hours of their discovery at the holiday location. The owner will remedy them within a reasonable timeframe. Later complaints will not be accepted and do not justify claims. The guest is obligated to cooperate in mitigating any damage.
No guarantee is provided regarding the presence of insects (wasps, ants, etc.).
The owner assumes no liability for the guest, accompanying persons, or their property. This specifically excludes liability for the loss of valuables (e.g., jewellery, cash). The owner's insurance does not cover these instances.
The house is situated in a rural environment, therefore special caution is required (e.g., fire risk when using the barbecue; care with nearby domestic and grazing animals).
4. Changes to Services
The photos on the website are non-binding. Changes to the furnishings or equipment are reserved by the owner and do not entitle the guest to claims, provided the new standard is equivalent to the examples shown.
5. Cancellation by the Guest
The guest may cancel at any time or propose a replacement guest. The cancellation/replacement takes effect upon receipt by the owner (please use written form: email/letter). If cancellation occurs more than 12 weeks before arrival, no costs will be incurred, and any deposit paid will be fully refunded. From 12 weeks before arrival, a reasonable compensation may be charged if re-rental is not possible or is only possible at a financial loss:
- 12–8 weeks before arrival: 20% of the rental price
- 8–4 weeks before arrival: 50% of the rental price
- 4–2 weeks before arrival: 80% of the rental price
- Within 2 weeks / in case of 'No-Show': 100% of the rental price
In the event of a No-Show, the guest must inform the owner within 48 hours. The purchase of travel cancellation insurance is highly recommended.
6. Unused Services / Force Majeure
If the guest chooses not to use agreed-upon services, there is no right to a partial refund.
The owner is not liable for impairments caused by force majeure (such as war, civil unrest, fuel shortages, epidemics, storm surges, algae contamination, oil spills, fire, nuclear incidents, terrorism, bad weather, cold, etc.). Nor is the owner liable for short-term failures of furnishings or public utility supplies (electricity, water, etc.).
7. Cancellation or Termination by the Owner
If the provision of the service becomes impossible for reasons beyond the owner's control (e.g., sale, double booking, utility interruptions, uninhabitability due to major damage), the owner will attempt to offer an equivalent substitute property. If this is not possible or if the alternative is not accepted, the paid rent will be refunded. Further claims are excluded.
If the guest fails to meet the payment obligation under clause 2, the owner may send a written reminder with a deadline and a threat of termination; after the deadline expires, the contract may be terminated. In this case, the cancellation rates specified in clause 5 apply.
Distances given for the surrounding area are to be understood as approximate and are non-binding.
8. Final Provisions
The invalidity of individual provisions does not affect the validity of the remaining terms.
The guest must treat the property and its inventory with care and is liable for all damages caused by them or their accompanying persons. See also clause 3.11. All guests are jointly and severally liable for the rented property.
The contract becomes legally effective once both the guest and the owner have confirmed the booking, including confirmation via email.
Any amendments and additions to this contract must be made in writing.
Online descriptions are prepared with diligence but are non-guaranteed.
In the event of justified defects or complaints, the owner is liable to the guest; the place of jurisdiction is the owner's place of residence.
Important Notice
By making a booking, you agree to all the above-mentioned conditions. If you anticipate being unable to comply with these terms, please refrain from booking.
Intellectual Property: Texts and Images on this Website
The use of images or texts from this website requires prior written permission. The house may not be offered for rent by third parties without the owner's authorization.