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CONTRACT FOR VACATION LEASE IN SPAIN


In _______________, ______________ 20_____

BY AND BETWEEN

Party of the first part, Mr/Ms ________, of legal age, with right of abode for the purpose of notifications in _______________ , and holder of passport or national ID document number____________( hereinafter referred to as «The Owner»).

Party of the second part, Mr/Ms ________, of legal age, with right of abode for the purpose of notifications in _______________ , and holder of passport or national ID document number____________( hereinafter referred to as «the Tenant»).

Both parties recognise the other´s legal capacity for this act.

RECITALS

  1. I. Whereas The Owner owns the following property which is in a perfect state of use

    2. PROPERTY: Address: ___________________

    In the conditions and with the furniture and services whose description and photographs are shown at

    reference ______ (see the printout attached to the contract).

    The Property is clean, in a perfect state of use, upkeep and fit for habitation. Moreover, the supplies and services that the property has work properly. the Tenant likewise fully agrees to carry out the inventory that is attached to the contract.

  2. II. Both parties have agreed to the periodic lease of the aforementioned Property, by virtue of which they set forth this contract, which will be governed in accordance with the following

CLAUSES

1. PURPOSE

The Owner hereby assigns the property described and the furniture described in Recital I to the Tenant, who accepts, on a periodic lease and with the duration that will be indicated to the Tenant.

This lease constitutes a periodic lease for (holiday/occupational or other) reasons, pursuant to article 3.2 of Law 29/1994 governing urban leases, and under no concept or situation that occurs shall the lease that is subject to this contract be of an habitual nature.

2. RENT AND DEPOSIT

  1. The periodic rent net of tax is _______euros (8% VAT included), which shall be paid as follows::
    • 25% of the foregoing price shall be paid in advance as a deposit, on the business day following the signing of the contract.
    • 50% of the advance shall be reimbursed if the reservation is cancelled up until 15 days beforehand, with the Tenant liable for the reimbursement costs. If the booking is cancelled less than 15 days in advance, the deposit shall not be returned.
    • The remaining 75% shall be paid prior to the Tenant’s arrival.
  2. A series of complementary services are also provided, and these are not included in the foregoing price:
    • Heating: ____ euros/day. This amount shall be paid prior to arrival at the Property.
    • Electricity consumption: Any excess over 50 Kw/month: 0.5 euros per extra Kw. On arrival at the Property, the meter reading is:_____ Kw. Kw. This amount shall be paid on finalisation of the contract or, if applicable, discounted from the amount of the deposit.
    • Etc.
  3. Prior to arrival at the property, the Tenant shall surrender a deposit of_________euros, in accordance with the provisions set forth in article 36 of the Urban Lease Act, in proportion to the period of the lease. This deposit shall be returned on termination of the contract once the property has been checked.
    The second payment and deposit shall be paid in cash on the first day of the period contracted once the lease contract has been signed. At this time, The Owner shall hand over an original copy of the contract to the Tenant, together with a set of keys and an inventory of the apartment.
  4. Should the Tenant cancel the reservation there is a penalty that depends on the number of days remaining until the commencement of the rental period:
    • More than 30 days: 50% of the advance
    • 15-29 days beforehand: 75% of the advance
    • Less than 14 days: 100% of the advance
    • For these purposes the Tenant must notify cancellation in writing through any means that requires acknowledgement of receipt.
  5. List of documents to be provided for formalisation of the contract:
    • Photocopy of national ID document or passport
    • Photocopy of the first page of the savings book of the holder of the national ID document, for reimbursement of the deposit.

3.- TERM

This contract is granted for a period of _________ days from 5 p.m. on [date], and shall be automatically cancelled without the need to give any notice whatsoever at 12 p.m. on[date]. the Tenant must surrender the keys prior to this time.

The obligation to reserve the Property shall cease, with the loss of the corresponding deposit, when the Property has not been occupied within 4 hours following the day set for the occupancy, unless the client confirms their arrival within this term and the said arrival occurs before the amount corresponding to the accommodation for the days that have passed exceeds the amount corresponding to the deposit paid.

Failure to abandon the Property within the agreed term shall oblige the Tenant to pay a penalty equivalent to the amount corresponding to three times the daily rent, which may be required for weeks completed until the Property has been left completely vacant by the Tenant. This is without prejudice to the costs, expenses and other indemnifications this party is liable for, including lawyers and solicitors´ fees, even when their intervention is not officially required, for each hour/day of delay.

the Tenant shall leave the property in the condition in which they found it, leaving it free from articles and belongings, with the services in perfect condition, together with the fixtures and fittings mentioned in Recital I, where no extension thereof shall be possible unless a written agreement is reached by and between the parties.

4.- OBLIGATIONS OF THE PARTIES

  1. the Tenant hereby undertakes to maintain the Property in perfect conditions during the term freely agreed by and between the parties.
  2. the Tenant shall not carry out activities at the property that are disturbing, unhealthy, noxious, illicit or contrary to the articles of association of the Community. the Tenant may not store flammable, explosive or corrosive materials on the property and/or carry out commercial or industrial activities therein.
  3. the Tenant may not carry out building work or make whatsoever modification without the written permission of the Lessor. Holes may not be drilled or made in the walls under any circumstances.
  4. the Tenant cannot allow more than ___ persons to occupy the property.
  5. the Tenant shall be directly and exclusively responsible for the following, releasing The Owner from all responsibility:
    1. Damages caused to inanimate objects and injuries to persons resulting from installations for services and supplies to the leased property.
    2. Damages, deterioration or losses on the property caused either by the Tenant or by other occupants.

5.- WAIVERS

the Tenant hereby waives the rights set forth in articles 31 to 33 of the Urban Lease Act, and therefore the rights of leasing, subrogation, subrogation or transfer, whether totally or partially, right of first refusal, redemption and right to challenge the transfer.

6.- APPLICABLE JURISDICTION AND LEGISLATION

The Parties to this contract hereby submit to the jurisdiction and competence of the courts and tribunals corresponding to the location of the property, expressly waiving their right to any other privilege to which they may be entitled.

This contract shall be governed by the laws of Spain and, more specifically, by the current Urban Lease Act.

In witness whereof both parties ratify this contract and sign it in two counterparts and for a sole purpose, in the place and on the date ut supra.

The Owner the Tenant
Signature Signature

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