Terms and conditions
The following terms and conditions apply to holiday rental advertising on the following websites owned and operated by Costa Calida Property Management S.L www.calidasunshine.com www.murciaselfcatering.com www.murciaapartments.com and any new future sites the company publishes and places your adverts on. By accepting these terms "You" are consenting to be bound by all of these Terms and Conditions.
This Agreement is between
1. "You", and Costa Calida Property Management S.L. whose registered office is C/Jinjolero 12, Pinar de Campoverde, Pilar de la Horadada, 03191 Alicante, Espana and carrying the company registration number B73544298 referred to in this Agreement as “Us” or “We”. “You” means the person who has joined as a member of Calidasunshine.com who either owns or co-owns the Accommodation or who is the authorised agent of the owner(s) of the Accommodation and in either case, has the permission of all owners of the Accommodation to market and let the Accommodation for holiday purposes in accordance with this Agreement.
Use of the System:
2. Subject to your compliance at all times with the terms of this Agreement, We agree to;-
2.1 Provide access to the System. Nothing in this Agreement shall, however, impose any obligation on Us to provide access to maintain or manage on your behalf any facility which at the time forms part of the System or becomes liable in any way whatsoever for any bookings made or not made through the System. We will use our reasonable endeavours to provide access to and availability of the System at all reasonable times subject to maintenance and other factors, whether planned or unplanned, which require or result in the suspension or interruption of or any deficiency(ies) in the System or its operation in whole or part or your access to the same. No representation or guarantee is given that the operation of the System will be uninterrupted, continuous or error free. We have no liability to You in respect of any such occurrences or for any loss or damage of any nature whatsoever (including for the avoidance of doubt and not by way of limitation any loss of bookings) which You may suffer or incur as a result.
2.2 Provide you with the ability to display your Accommodation prices and collect payment in Pounds Sterling or Euros direct from the customer. The price must be displayed and payment collected in the same currency.
2.3 Market your Accommodation on the Website and on any other website(s) which are part of the Costa Calida Property Management S.L Group. Allowing Us to market your Accommodation on all such websites is an obligation on Your part and a condition of our allowing You to use the System. It is not an option to use the System without allowing Us to market Your Accommodation on all such websites on Your behalf. Any bookings of Your Accommodation made through the System are subject to the payment of Commission.
3.You agree and acknowledge that:-
3.1 You will pay Us Commission on every booking of Your Accommodation made via the System in accordance with the terms of this Agreement at the rate set out in the Schedule or such other rate as is agreed in writing between the parties.
3.2 We will become entitled to Commission on the full value of a booking base cost when a booking is made i.e. when the Customer makes payment of the security deposit due at the time of booking and has agreed the rental contract (which is automatic at the time of booking).
System usage, Set up and handling Customers
4. You agree and confirm that:
4.1 You are responsible for the initial uploading of the descriptive details, prices and all other information relating to the Accommodation onto the System and at all times thereafter regularly and promptly maintaining, checking, updating and amending (if applicable) the same so that all information (including photographs) at all times remains accurate, complete and not misleading in any respect.
4.2 All prices entered onto the System by You relating to the Accommodation will at all times be up to date, accurate and not misleading in any way whatsoever. All rental prices entered by you must include end of stay cleaning and all linen/Towels.
4.3 You agree to be bound by the cancellation charges applicable to bookings of the Accommodation onto the System as stated in the schedule.
4.4 You are solely responsible for the accuracy, legality, currency and compliance of all information (including written and pictorial descriptions) uploaded by You onto the System and/or otherwise provided to any Customer(s) and will be solely liable for any false, misleading, inaccurate, incomplete, infringing or other actionable information or material contained or referred to therein.
4.5 If you are not using the System exclusively for processing all your bookings, You will regularly and promptly update the dates on which the Accommodation is shown as available for let using the System. We accept no liability whatsoever for any claims, losses or damages (direct or indirect) of any description whatsoever suffered by any Customers or You arising out of inaccurate or incomplete availability dates except where this is due to a technical failure of the System.
4.6 You will promptly notify Customers promptly of any alterations or amendments to Accommodation details both before and after bookings have been confirmed.
The Consequence of Cancellations/Double Bookings
5.0 In the event of cancellation by either You or the Customer for whatever reason or for a double booking due to the availability calendar being inaccurate/incomplete, We are still entitled to payment of our Commission on the full base value of the booking.
Liability 6.0 We will not be liable to You or any Customer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this Agreement and/or the System, its use, application, support or otherwise, damage or corruption to other software or data or for loss of profit, business, revenue or goodwill except to the extent to which it is unlawful to exclude such liability.
7.0 You will at all times maintain (at Your own cost) a comprehensive insurance policy for each property including 3rd party public liability cover.
8.0 This Agreement will continue in force indefinitely, but may be terminated:-
8.1 Immediately on Us giving You written notice (including by email) on You breaching this Agreement.
8.2 Immediately on You giving Us notice in writing (including by email) .
8.3 We reserve the right to turn off, remove or disable your access to the System for your Accommodation, either temporarily or permanently for any of the following reasons. We believe the details of your Accommodation or the settings You are using on the System are in any way misleading, confusing or will or may lead to complaint or error in the booking process. You attempt to promote another website or enter an email address, phone number or other means of communication in the descriptive area of the System or elsewhere whether intended to deal directly with Customers or done unintentionally. You enter any information or material in the descriptive area which in Our opinion is or may be in breach of copyright or subject to complaint by another party or on any basis is or may be fraudulent, offensive or misleading.
9.0 You shall at all times, including all times after the termination of this Agreement, process such data in compliance with the obligations of a Data Controller under the Data Protection Act 1998 and any amendments thereto. Furthermore, You shall not at any time, including any times after the termination of this Agreement, send any marketing or promotional material or communications to individuals whose personal or other contact details You hold except in accordance with all applicable legislation in force at the relevant time (including but not limited to the Data Protection Act 1998 and the Privacy and Electronic Communications Regulations 2003 and all amendments thereto). Copyright, Patents, Trade Marks and Other Intellectual Property Rights
10.0 You acknowledge that all copyright, trade marks, trade names, patents, domain names and other intellectual property rights of whatever nature created, developed, subsisting or used in or in connection with the System are and shall remain the sole property of Costa Calida Property Management S.L. You shall not during the subsistence of this Agreement or at any time after the completion, expiry or termination of this Agreement in any way use or permit the use of the same save as expressly permitted by this Agreement or question or dispute the ownership by Costa Calida Property Management S.L. thereof.
Proper Law and Jurisdiction
11.0 This Agreement and all matters arising out of it shall be construed and governed by English Law and shall be subject to the exclusive jurisdiction of the Courts of England and Wales in relation to any dispute.
Commission is due on all bookings generated by us and processed through the System and is subject to payment of 10% commission of the base cost of the booking and is due for payment in full within 7 days of the booking being processed.
Payment is either by bank transfer or via PayPal (PayPal incurs a 3% surcharge)
Cancellation (by You) or double booking is subject to 10% commission of the base cost of the booking and is due to be paid in full within 7 days of the booking being processed.
Refunds due following cancellation of a booking by the customer: