General conditions


General Terms and Conditions

Before confirming your reservation please read the following conditions carefully.

Kaysavacacional, S.L. is a company registered in Spain with CIF B-93.300.614 and operates under the trade name "Malagaflat", hereafter "the Company".

Prices

The prices shown on our website www.malagaflat.com are per house and night or week when indicated. All prices are expressed in euros. Prices include all applicable taxes. Our prices may change at any time without being applicable to reservations already confirmed, except for changes in legal or regulatory taxes established by the competent authorities. The prices include the cleaning of the property before and after the arrival of the client, all the bed linen, the maintenance of the property, the expenses of water, light, gas and internet if there is one, and a customer service during business hours (from 09:00 to 18:00) and of emergencies 24h a day (calling 658 552 572). In case you need additional services such as renting a parking space, additional cleaning during your stay, a cot, a high chair, etc., please contact us.

Terms of the booking procedure

Once you have made a reservation at one of our properties, you will receive a written confirmation confirming the dates and price of the apartment you have reserved, the payment conditions and any additional services you have purchased. You will receive directions to the property where a member of our staff will be waiting to give you the keys, show you the apartment and answer any questions you may have.

Management fees

In order to reserve a property, a non-refundable reservation fee must be paid. This payment formalises the contractual relationship between the client and Kaysavacacional, S.L. (Malagaflat).

Conditions for management fees

The reservation fee corresponds to 20 or 37% of the total reservation price, depending on the property.
Once payment has been made, this reservation fee is non-refundable (see our cancellation policy).
The remaining balance will be automatically deducted from the card used to make the reservation fee within 30 days prior to arrival. In the event that your arrival date is within 30 days, the full rental price will be deducted at the time of confirmation. If you require special payment terms, please contact us.
If you booked your apartment through an external provider (e.g. Airbnb, Booking.com, HomeAway, etc.), please note that you will be bound by the terms and conditions of the external providers, both in terms of payment, rebooking and cancellation.
Booking changes

As a general rule, we cannot change a reservation once it has been confirmed. However, should you need to change a reservation, please inform us as soon as possible by contacting us by e-mail at info@malagaflat.com. We will do our best to help you in the best possible way.

Cancellation policy

Cancellations must be communicated in writing and justified to our office (info@malagaflat.com) with the following cancellation fees:

The safety and well-being of our guests are a priority for Malagaflat. As changes are continuous and unpredictable due to the outbreak of COVID-19, we have implemented new cancellation/modification policies to provide our guests with greater flexibility:

Confirmed reservations before April 20, 2020

In case of cancellation, the following penalty will apply:

More than 30 days before the date of arrival: loss of management fees (paid at the time of confirmation of the reservation)

  • 29 - 8 days before arrival date: loss of 50% of the total rental price
  • 7 days or less before arrival: loss of 100% of the total rental price
  • Reservations confirmed after 20 April 2020

In case of cancellation, the following penalty will be applied

  • 30 days or more before the date of arrival: free cancellation
  • 15 days or less before arrival date: loss of 50% of the total rental price
  • 7 days or less before arrival date: loss of the total amount of the reservation

In the event that you are unable to travel for the original dates, changes in travel dates will be offered free of charge, subject to availability.

If due to circumstances beyond our control, the reserved apartment is not available for occupation, the Company reserves the right to relocate you to alternative accommodation, with similar characteristics, at no additional cost. If for any reason we are unable to relocate you or offer an alternative accommodation, the booking will be cancelled and a full refund will be made.

In the event that the reservation is cancelled for reasons attributable to the client, the amount paid as a handling fee will not be refunded. However, in some situations, the amount paid may be used at a later date for a reservation on the same property. This credit will be valid for 6 months from the date of issue.

Entrance to the property

Arrival and departure times may vary depending on the apartment you have booked, but as a general rule, the arrival time is at 16:00 on the day indicated on your booking confirmation, regardless of your time of arrival in Malaga.

We always do our best to reduce waiting times. In case the property is available early, we will do our best to let you in as soon as possible. In the event of changes to your travel plans, unforeseen events or any changes to your arrival time in Malaga, please let us know as soon as possible.

Please contact us as soon as you arrive at Malaga airport (or when you are approximately 30 minutes away from the apartment) so that we can be there to welcome you. In case you cannot reach your contact person, please contact our emergency number: +34 658 552 572.

On arrival, you will need to complete and sign a rental contract with the owner of the property, as well as a form for the National Police, including your surname, first name, ID number, etc.) This procedure is compulsory for anyone over the age of 16 in accordance with Spanish law. Any person who refuses to comply with this procedure will not be able to access the property.

Please note that a late arrival surcharge of 15 ? will be applied for arrivals between 20:00 and 24:00. After midnight the surcharge will be 25 ?. This amount must be paid in cash on arrival.

Departure from the apartment

As a general rule, the time of departure from the property and the return of the keys will be before 12:00 on the last day shown on your booking confirmation sheet. At the client's request and always under the company's availability, the time of departure from the property may be extended. For example, if you need additional time in the apartment because your flight leaves late, we will do our best to respond favorably to your request.

Cleaning, linen and towels

A complete cleaning of the house is carried out before and after each new guest. In case you need additional cleaning during longer stays, we can arrange it for an additional cost.

A final cleaning is included in the price; however, please leave the property in the best possible condition, take out the garbage, wash the dishes as a courtesy to our cleaning staff and future guests.

We provide one large (140x70cm) and one medium size (100x50cm) towel per person. In case you need more towels during your stay, they are available at the price of 5 ? per unit.

Services and special requirements

Our purpose is to be able to satisfy all those needs that our clients could require during their stay in one of our houses. So if you require any extra service or have any special requirement, please let us know and Malagaflat will do everything in our power to meet all your demands.

People with some kind of motor disability

Unfortunately, at Malagaflat we regret to inform you that we do not currently have any housing specifically adapted for people with some kind of motor disability. However, we have easily accessible housing built on the same level and which may be suitable for these people. If you require further information, please do not hesitate to contact us and we will be happy to help you.

Number of occupants

The maximum number of occupants in a dwelling is that established in the descriptions of the dwellings, in accordance with the current law of the Autonomous Community of Andalusia. Therefore, the use of the dwelling by a number of occupants greater than that which appears on the reservation confirmation sheet is not permitted. Failure to comply with this rule may be grounds for termination of the contract by the company, reserving the right, if it sees fit, to make the occupants not confirmed in the reservation, or all its occupants, if this situation leads to behavioral problems, complaint of neighbors or disrespectful use of housing. If you have any doubts or questions regarding the maximum number of occupants, please let us know and we will be happy to help you.

Behavior

At Malagaflat we hope that our clients enjoy their stay with us to the full, but always with a respectful and civic behaviour, both with the house and the neighbours. The client is responsible for his/her own behaviour as well as that of his/her companions. If for any reason there is any complaint, lawsuit or claim by the neighbours or by the competent authority due to the behaviour of one or more occupants for whatever reason, Malagaflat may proceed to the immediate abandonment of the dwelling by the person causing the problems or by all its members if considered appropriate, without any right to a refund of the cost of their reservation. In addition, without prejudice to the above, if any damage or breakage occurs in the home, it will be paid for with the deposit of the deposit and the company will take legal action if it sees fit.

Each community of owners has its own system of internal rules.

As a general rule, we kindly request the following:

  • Not to damage the furniture and/or the property
  • Do not make noise in the apartment, terrace or common areas after 21:00
  • Do not disturb the neighbors by opening and closing doors, dragging suitcases, etc.
  • Do not organize noisy parties or celebrations in the apartment
  • Not to carry out any illegal activity in the apartment
  • No smoking on the property
  • No pets on the property
  • Do not use charcoal barbecues

Watch yourself:

  • The owner of the property (or Malagaflat on his behalf) has the right to expel any guest who does not respect the rules of ownership without any refund
  • Malagaflat is not responsible in case of theft or accident inside the property
  • Malagaflat is not responsible for noise generated by street works, road works or works of neighbours, construction of buildings and other disturbances caused by external factors
  • Malagaflat is not responsible if a property is not available due to force majeure
  • Some apartment amenities or features may be subject to change, replacement or deletion at any time, without notice.

Pets

We inform you that, as a general rule of the company, pets are not allowed in our homes. Only those cases in which it can be proved that the animal is for assistance are allowed, always with the previous authorization of the owner of the house, so we ask you to contact us if this is your case in order to make the stay possible and as easy as possible. Except in these cases, failure to comply with this rule will be grounds for Malagaflat to terminate the holiday contract, and will result in the immediate abandonment of the property without the right to a refund of the booking costs.

Claims

If you have any kind of claim during your stay, please inform us as soon as possible, as Malagaflat will not accept any claim made after your stay in one of our properties. At Malagaflat we will do everything in our power to resolve any complaints that may arise in the most efficient way possible. We also inform you that we have Complaints Sheets from the Andalusian Regional Government, available to our clients.

Deposit

The properties managed by Malagaflat require a deposit, which will be paid in cash (or by credit card) before entering the property or together with the last payment of the cost of your reservation. The deposit is returnable and will be refunded on departure, provided that no anomaly, breakage or damage to the property, its furniture, appliances and other items is found during the inspection. If this is not the case, Malagaflat reserves the right to use part or all of the deposit to cover the cost of any repairs or replacements it may have to make. The security deposit or bond is different in all properties, but generally lies between 100 and 300 euros.

Change of property

Only in the event of force majeure, error by third party companies or due to some anomaly or defect in the reserved dwelling, Malagaflat is entitled to change the dwelling for another of the same or higher category as the reserved one, always with the client's approval, or to proceed to refund the total cost of the reservation.

Responsibility

Malagaflat is not responsible for loss or misplacement of luggage, theft, damage or other accidents outside the company's own management. The client declares that he will make proper use of the rented property, exempting Malagaflat from any responsibility, and that the client will be responsible for any damage caused in a premeditated way or by a bad use of the property. Malagaflat reserves the right to update any of these conditions at any time if required, in accordance with the company's own activity.

Protection of users' personal data by Malagaflat

In accordance with Organic Law 15/1999, on the Protection of Data of a Personal Nature, the Client is informed of the incorporation of their data into a file, for which Kaysavacacional, S.L. is responsible. (from now on the Company), and whose purpose is the management of the client's accommodation. It may also be used, provided that the client has expressly indicated so, to provide information on related services, offers and commercial campaigns. The user of the on-line reservation services is voluntarily providing personal data (from now on, the Personal Data) whose only purpose is to be able to complement the reservation. The card details are either provided at a payment gateway belonging to the bank with which the company has contracted this service, or they are provided in a secure environment, in which case the company will not know these details. The client can exercise the rights of access, opposition, rectification and cancellation of their data, by writing to the Company, Calle Diputado Ignacio Huelin, 5, 29140 Málaga. The Company guarantees that it has adopted the appropriate security measures in its facilities, systems and files. Likewise, it guarantees the confidentiality of the Personal Data, although it will reveal to the competent public authorities the Personal Data and any other information in its possession or accessible through its systems and required in accordance with the legal and regulatory provisions applicable to the case. The users of the on-line booking system guarantee and are responsible, in any case, for the truthfulness, accuracy, validity and authenticity of the Personal Data provided, and undertake to keep them duly updated.

Applicable law and competent jurisdiction

These general terms and/or conditions of contract are governed by Spanish law. Kaysavacacional, S.L. and the users, for the resolution of any controversy that may arise, with respect to their validity, execution, compliance or resolution, in whole or in part, are subject, with express waiver of their own jurisdiction or any other that may correspond to them, to the jurisdiction of the Courts and Tribunals of the city of Malaga. This contract constitutes the complete and integral expression of the agreement between Kaysavacacional, S.L. and the user, and replaces all previous pacts, commitments, statements or agreements, both written and oral, that may have existed previously between the two.

All the properties managed by Malagaflat are duly registered in the Andalusian Tourism Register and strictly comply with the rules established in Decree 28/2016, of 2 February, on properties for tourist purposes and amending Decree 194/2010, of 20 April, on tourist apartment establishments.