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Terms and conditions of use

Please read the following terms and conditions very carefully as they contain important information about your rights and obligations when visiting www.xcaperealestate.com.

Introduction

"We" or "us" or "our" are referring to Xcape Real Estate S.L. "You" or "the client" or the "user" is referring to the visitor to www.xcaperealestate.com. We can be contacted via our contact us page on the website or via email at info@xcaperealestate.com. These terms and conditions are deemed to include our privacy policy and are collectively known as "these terms". When you use our website, you agree to be bound by these terms and conditions. If you are not in agreement to be bound by these terms and conditions, you may not use this website.

You may print and keep a copy of the below terms and conditions. They are a legal agreement between us and can only be modified with our consent. We may change these terms and conditions at our discretion by changing them on the website although you will not be informed of any changes and at this point any older version of these terms and conditions will no longer apply.

Intellectual property

The copyright and all other intellectual property rights in this website (including all database rights, trademarks, service marks, trading names, text, graphics, code, files and links) belong to us. You may not copy, transmit, modify, republish, store, frame, pass-off or link to any material from our website without our prior written consent. We therefore make no warranties or representations as to the accuracy or completeness of any of the information appearing in relation to any linked websites. Links to third parties are for your convenience only. We do not recommend any products or services advertised on those websites even though we may have dealt with any of these third parties in the past. If you decide to visit any third party website linked from our website, you do so at your own risk.

Regarding any property listed on our website, we cannot verify these details and therefore make no warranties or representations as to their accuracy or completeness. If you rely on these details, you are doing so at your own risk.

Your obligations and conduct as a user of our website

You accept that you are solely responsible for ensuring that your computer system meets all relevant technical specification necessary to use our website and that your computer system is compatible with our website. You must not misuse our system or this website. In particular, you must not hack into, circumvent security or otherwise disrupt the operation of our system and this website, or attempt to carry out any of the foregoing. You must not use or attempt to use any automated program (including, without limitation, any spider or other web crawler) to access our system or our website, or to search, display or obtain links to any part of our website, other than the home page at www.xcaperealestate.com, unless the automated program identifies itself uniquely in the User Agent field and is fully compliant with the Robots Exclusion Protocol (a "Permitted Program"). Any such use or attempted use of an automated program (other than a Permitted Program) shall be a misuse of our system and our website. Obtaining access to any part of our system or this Site by means of any such automated programs (other than a Permitted Program) is strictly unauthorised.

You must not include links to our website in any other website without our prior written consent. In particular (but without limiting the foregoing) you must not include in any other website any "deep link" to any page on our website other than the home page at www.xcaperealestate.com without our prior written consent.

You must not upload or use inappropriate or offensive language or content or solicit any commercial services in any communication, form or email you send or submit, from or to the website.

Banning from the website

We reserve the right to bar users from this website and/or restrict or block their access or use of any and all elements of our services, on a permanent or temporary basis at our sole discretion. Any such user shall be notified and must not then attempt to use this website under any other name or through any other user.

Warranty

Due to the nature of software and the Internet, we do not warrant that your access to, or the running of this website will be uninterrupted or error/virus free. We shall not be liable if we cannot process your details due to circumstances beyond our reasonable control. The information provided on this website is for general interest only and does not constitute specific advice by anyone at Xcape Real Estate S.L. Whilst we endeavor to ensure that the information on the website is accurate, complete and up to date we make no warranties or representations that this is the case. Anything written within the website is purely the views of Xcape Real Estate S.L. and should not be considered factual in any way, although we aim to be as accurate as we can with any statements made on the website.

Liability

Nothing in these terms and conditions will be deemed to exclude our liability to you for death or personal injury arising from our negligence, or for fraudulent misrepresentation. We will not be liable for any failures due to software or Internet errors or unavailability, or any other circumstances beyond our reasonable control. We may put in place such systems as we from time to time see fit to prevent automated programs being used to add details to our contact forms on the website. You are not permitted to use automated programs for such purposes and any such use or attempted use by you of such automated programs is at your own risk. We shall not be liable to you for any consequences arising out of or in connection with any such use or attempted use of automated programs to obtain unauthorised access to our system or this website. We accept no liability for any loss suffered as a result of your use of this website or reliance on any information provided on it and exclude such liability to the fullest extent permitted by law. We shall not be liable to you for any indirect, consequential, special or punitive loss, damage, costs and expenses, loss of profit, loss of business, loss of reputation, depletion of goodwill, loss of, damage to or corruption of data. When you use the "contact forms" on this website to enquire about a particular property or for a call back or for any other reason, all your details will be sent by email directly us. We do not accept any liability for any subsequent communications that you may receive from any third party that may intercept any of this information.

Notices

All notices shall be given to us, by email to info@xcaperealestate.com or to you, by email to the email address that you provide to us at the point of your registration, and may also be amended by you by email to info@xcaperealestate.com. All notices sent by email will be deemed to have been received on receipt.

Customer feedback and quality

We operate a system to ensure that all customer feedback is dealt with fairly and consistently, and is properly recorded. We welcome any suggestions that you make about how we may improve our service. Please email any suggestions to us at info@xcaperealestate.com. We aim to acknowledge all customer feedback by email.

Personal Data Protection

See Privacy Policy.

In general

We may from to time-to-time change the content of this website or suspend or discontinue any aspect of this website, which may include your access to it. Subject to our notifying you to the contrary, any amendments or new content to this website will be subject to these terms and conditions. These terms and conditions are the whole agreement between you (the client or user) and us. You acknowledge that you have not entered into this agreement in reliance on any warranty or representation made by us (unless made fraudulently). If a court decides that any part of these terms and conditions cannot be enforced, that particular part of these terms and conditions will not apply, but the rest of these terms and conditions will. A waiver by a party of a breach of any provision shall not be deemed a continuing waiver or a waiver of any subsequent breach of the same or any other provisions. Failure or delay in exercising any right under these terms and conditions shall not prevent the exercise of that or any other right. You may not assign or transfer any benefit, interest or obligation under these terms and conditions.

By visiting this website (www.xcaperealestate.com) you (the user) agree to all the above terms and conditions.

Renting Terms and conditions

Xcape Real Estate S.L. provides apartments, townhouses, villas or other properties and articles for short and long term rentals on the Costa del Sol. Short-term rentals last for a minimum one-week and long term rentals up to 11 months unless otherwise agreed. Regarding supercars and yacths, the renting time will be adapted to the needs of the clients.

The following terms and conditions relate to rentals although the above terms and conditions are also relevant to any rentals entered into with Xcape Real Estate S.L.

Reservations & Payments

Bookings: Bookings are valid when: The booking form has been completed, signed and received by Xcape Real Estate S.L. a reservation fee of at least 20% has been paid with our online payment system or within 5 days of receipt of booking documents and identification of the clients.

Remaining Payments: 50% of your rental fee is due four weeks before arrival date and the remaining 30% is paid on the arrival day.

If your occupancy date is within 30 days of the effective date of your reservation, you must pay 70% of the rental fee to Xcape Real Estate S.L. and the remaining 30% is paid on the arrival day.

Cancellations

Security deposit

A security deposit will be taken in cash or by credit card on or before arrival date and will be returned within 10 days of the completed tenancy provided that there are no unpaid charges (e.g. Cleaning fees, bills, loss of keys or remote controls etc.) or damage to the apartment. The security deposit will be held by either Xcape Real Estate  S.L. or the owner of the property being rented.

Duration & Times of Letting

The property is available after 3pm on the day of arrival and must be vacated by 11am on the day of departure unless otherwise agreed.

General conditions

Xcape Real Estate S.L. acts as letting agent for the property owner and administers the rental on his or her behalf. The rental contract is between the tenant and the property owner and in accordance with conditions described in the rental contract. Xcape Real Estate S.L. is empowered to sign on behalf of the owner but is in no way responsible for any problems arising during the letting period.

Tenants Obligations

The client agrees to:

Insurance

The client is responsible for taking out an adequate insurance policy to cover all risks.

Liability

Xcape Real Estate S.L. and the Owner does not accept any liability for injury, damages or loss caused, or for any such claim by a third party as a consequences of actions by the client(s) and other people occupying the property during the period of the let.

Complaints

All problems should be reported to Xcape Real Estate S.L. immediately and we will use every effort to ensure quick solutions as well as all reasonable effort to ensure your stay at the property is enjoyable and one that you will want to repeat. We cannot be liable or accept any responsibility for any dissatisfaction that you may have with the property nor do we handle any complaints after departure.

Governing Law & Jurisdiction

Any legal dispute, which may arise, is mutual between tenant and owner.

Breach of Contract

If there is a breach of any of these conditions by any of the Tenants, the Owner and the Letting Agency reserve the right to re enter the property and terminate the tenancy without notice nor prejudice to the other rights and remedies of the Owners. Any belongs left at the property will at this point become the property of the owner and/or Xcape Real Estate S.L. B16762684

By visiting this website (www.xcaperealestate.com) you (the user) agree to all the above terms and conditions.

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