LDA Apartments – Rental Agreement Terms & Conditions (Spain)

These Terms & Conditions form part of the Rental Agreement between LDA Apartments (“Landlord” or “Agent”) and the Guest/Tenant (“Tenant”) for the rental of the property described in the Agreement.

This Agreement is governed by the Ley de Arrendamientos Urbanos (LAU) 29/1994, and applicable Andalusian regulations for holiday and residential rentals.

1. Booking and Payment

1.1 A booking is confirmed once the Landlord receives the agreed deposit or full payment.
1.2 The remaining balance must be paid no later than 14 days before arrival.
1.3 Bookings made through online platforms (Airbnb, Booking.com, etc.) are subject to their payment and cancellation policies.
1.4 Failure to pay on time may result in cancellation of the booking and forfeiture of any payments made.

2. Security Deposit (Fianza)

2.1 In compliance with Article 36 of the LAU, the Tenant shall pay a refundable security deposit.
2.2 The deposit is held to cover damage, loss, or excessive cleaning.
2.3 It will be refunded within 14 days after check-out, provided there are no deductions.
2.4 For contracts exceeding four months, the deposit will be registered with Junta de Andalucía (Registro de Fianzas de Andalucía) in compliance with regional law.

3. Cancellation Policy

3.1 Cancellations made more than 30 days before check-in are eligible for a full refund.
3.2 Cancellations within 30 days of check-in may incur partial or full charges depending on the agreed policy.
3.3 No refunds will be given for early departures or no-shows.

4. Duration and Occupancy

4.1 The Agreement covers the period specified in the booking.
4.2 The Tenant must not exceed the maximum occupancy stated.
4.3 Subletting or transferring the tenancy is strictly prohibited without written consent.
4.4 For medium- or long-term contracts, the duration will comply with LAU regulations (minimum 6 months if residential).

5. Use of the Property

5.1 The property is to be used exclusively as a private residence or holiday accommodation.
5.2 Guests must be at least 21 years of age to make a booking or stay at the property unless accompanied by a parent or legal guardian.
5.3 The Tenant must maintain the property in a clean and orderly condition.
5.4 Any damage caused by the Tenant or their guests must be reported immediately.
5.5 The Tenant must respect community rules and neighbours at all times.

6. Check-In / Check-Out

6.1 Standard check-in time is from 4:00 PM, and check-out time is by 11:00 AM.
6.2 Guests must confirm their check-in time at least 24 hours before arrival.
6.3 Late check-ins after 9:00 PM must be agreed in advance and may incur a €40 late check-in fee, with a minimum charge of €40, in addition to any hourly fee if applicable.
6.4 Late check-out is subject to availability and may incur a fee.
6.5 The Tenant must return all keys and access cards at departure. Lost keys may incur replacement costs.

7. Maintenance and Repairs

7.1 The Landlord is responsible for essential maintenance and ensuring the property’s habitability, as per Article 21 of the LAU.
7.2 The Tenant must promptly report any maintenance issues.
7.3 The Tenant is responsible for minor upkeep, such as replacing light bulbs or maintaining cleanliness.
7.4 Repairs caused by misuse or negligence will be charged to the Tenant.

8. Utilities and Services

8.1 Unless otherwise stated, utilities (electricity, water, gas, internet) are included in short-term stays.
8.2 For longer-term rentals, utilities may be billed separately based on consumption.
8.3 Interruptions to public utilities beyond the Landlord’s control do not entitle the Tenant to compensation.

9. Conduct and Restrictions

9.1 Smoking is not permitted inside the property.
9.2 Pets are only allowed with prior written consent.
9.3 Parties, loud gatherings, or events are prohibited without authorisation.
9.4 Noise must be kept to a minimum, particularly between 10:00 PM and 8:00 AM (Andalusian noise regulation).

10. Liability

10.1 The Landlord is not liable for accidents, injuries, or loss of personal belongings during the rental period.
10.2 The Tenant is responsible for their personal property and safety within the premises.
10.3 The Tenant is advised to hold travel or rental insurance for the duration of the stay.

11. Termination

11.1 The Landlord may terminate the Agreement immediately if the Tenant:

Causes serious damage or disturbance
Violates any community, legal, or contractual rules
Fails to pay rent or deposit as agreed

11.2 In such cases, the Tenant must vacate the property immediately with no refund.

12. Force Majeure

The Landlord is not liable for any failure or delay in performance due to circumstances beyond their control, including natural disasters, pandemics, or government-imposed restrictions.

13. Governing Law and Jurisdiction

This Agreement is governed by the Ley de Arrendamientos Urbanos (LAU) 29/1994, Royal Decree 28/2016 (Andalusian Holiday Rental Decree), and other applicable Spanish laws.
Any disputes shall be subject to the jurisdiction of the courts of Málaga, Spain.

14. Acceptance

By signing the Rental Agreement or completing a booking with LDA Apartments, the Tenant confirms they have read and accepted these Terms & Conditions.

LDA Apartments
📩 [email protected] | 🌐 www.ldaapartments.com