Terms & Conditions

General terms and conditions

Last update: 24.03.2019

Below you find the current terms and conditions for the rental of holiday homes with the company

Westbury S.L
C.I.F. B60266293
Apartado de Correos 131
07860 San Francisco Javier, Formentera
Spain

– hereinafter referred to as “landlord” –

represented by managing director: Wolf Konrad

Email: contact@formentera-elements.com
Phone: +34 971 32 80 87

1. Reservation and booking

The contract is concluded in electronic commerce and is subject to the following terms and conditions. The reservation and Booking process includes the following steps:

a) Reservation request via the form on the website www.formentera-elements.com, by email or by phone;

b) We check your reservation enquiry and send you a binding reservation offer by e-mail;

c) To confirm the reservation, an advance payment of at least 25 percent of the rental price to Westbury S.L. is due no later than 3 working days from the date of delivery of the reservation offer;

d) After receipt of the advance payment, you will receive a reservation confirmation by e-mail;

e) To complete the booking, the balance amount to Westbury S.L. is due no later than 4 weeks before the date of arrival;

f) After receipt of the balance amount, you will receive a booking confirmation and an invoice by e-mail.

The confirmation of a reservation depends on the availability and operational needs at the time of the reservation enquiry. If the landlord does not accept the reservation request, the holiday rental guest will be informed by e-mail.

It is the customer’s responsibility to review the reservation details and inform us immediately in case of any mistakes.

Only if the full payment of the total rental price has been received, the booking can be considered to be confirmed.

The contracting party, hereinafter referred to as the holiday rental guest, is the person who makes the reservation. This person must be at least 18 years old. The booking is a legally binding declaration of intent aimed at concluding the rental contract with irrevocable effect.

2. Booking period

The minimum booking periods are

  • 4 nights in April, May, October;
  • 5 nights in June and September;
  • 6 nights in July and August.

Deviations are possible by arrangement.

For organizational reasons, your accommodation will be reserved for you on the check-in date from 16:00 / 4 PM to 11:00 / 11 AM on the check-out date. Earlier check-in or later check-out times must be arranged in advance. This may require additional fees.

3. Rental price, deposit and Ecotasa

The prices from the binding reservation offer apply, see par. 1 2). We reserve the right to change rates. Rates for confirmed reservations and bookings will not be affected.

Incidental costs for water, electricity and gas are included in the rental price. All prices are final prices and include the legal value added tax of 10% IVA.

3.1. Security deposit

For the Villa Dunas a security deposit of 500 EUR will be charged. For all other holiday homes a security deposit of 250 EUR will be charged. It is due along with the balance amount (at latest 4 weeks before arrival).

This security deposit will be refunded within 10 days of departure if no damage and/or defect in or to the accommodation were found upon completion of a final inspection on departure.

3.2. Ecotasa

Like all holiday home and hotel providers in Formentera, we are obliged to collect the local tourism tax “Ecotasa” from our guests.

In the high season from 01. May to 31. October the current tariff is 2.00 EUR per person and night, plus 10% IVA.

In the off-season from the 1st of November to the 30th of April the current tariff is 0,50 EUR per person per night, plus 10% IVA.

Children and adolescents under the age of 16 are exempt. More information about “Ecotasa” can be found here.

4. Payment

If a reservation is made more than 4 weeks before arrival, an advance payment of 25% of the rental price is due to be paid immediately to Westbury S.L. from receipt of the reservation. We will hold the reservation for longest 7 days till the advance payment is received. After this period, the reservation will automatically lapse.

The balance amount (75% of the rental price plus security deposit (see 3.1) and out cleaning charges (see 8.)) must be received at latest 4 weeks before the commencement of the rental contract.

If a reservation is made less than 4 weeks before arrival, the entire rental price including deposit is due to be paid within 3 working days to Westbury S.L. from receipt of the reservation.

Once the full rental price including despoit has been received into our account, you will receive a full booking confirmation and invoice by e-mail.

If the full rental price including deposit is not received at the due date, this will be considered a rescission from the rental contract (by the holiday rental guest). In such case, we reserve the right to cancel the booking and may charge fees as specified at section 13 “Cancellation”. The reserved dates will then be released within 2 working days.

5. Additional services

With the reservation request, certain standard additional services can be requested for some accommodations, see 5.1 to 5.3.

We will do our best to accommodate additional requests but cannot guarantee so.

Extra costs associated with a special request shall be borne by the guest either before or upon arrival.

We cannot accept bookings that are only valid if an additional request can be satisfied.

5.1. Additional beds

In addition to the standard configuration, you can reserve up to two extra beds in some of our bungalows. Your request must be made at the time of reservation. We charge a flat amount of 20,00 EUR per bed per night.

5.2. Baby set

We offer a baby set for families with small children (0 to 36 months) as an additional service. The baby set includes a travel bed, a child high chair, a baby bathtub  and safety plugs. Your request must be made at the time of reservation. A fee of 5,00 EUR per night will be charged.

5.3. Pets

In principle, dogs and cats are allowed. However, a prior notification upon reservation and the consent of the landlord is necessary. The bringing of other pets is also possible only by prior arrangement.

6. Handover of the accommodation; complaints

The accommodation will be provided to the guest in a well-cleaned condition and as specified in the contract. The accommodation is free from defects. If there is any inventory damaged or missing at the time of handover, the guest must inform the landlord immediately within 24 hours. Otherwise the bungalow will be considered to have been provided in spotless condition.

If the guest delays in checking in or does not check in at all, the full rent will be due. The same shall apply in case of early check-out. The accommodation must be returned on time (see section 2.) and in proper condition with all fixtures. The guest is liable to pay compensation for damages and missing fixtures.

7. Keys handover and loss

The keys to the accommodations will be provided on location. The holiday rental guest is not authorized to make more keys or get them made and is not allowed to retain any keys at departure. In case of a lost key, the client has to bear the costs of exchanging the entire lock.

8. Cleaning service

Bed linen and towels are provided. Beach towels are not provided.

Linen and towels are replaced weekly unless arranged differently.

For the final cleaning we charge a flat rate of 50,00 EUR.

9. Holiday rental guests, fellow guests and registration of guests

The accommodations are reserved exclusively for the individuals named at time of reservation. An occupation by unauthorized persos may lead to all persos having to leave the accommodation immediately.

Subletting is not allowed! The holiday rental guest is responsible for ensuring that fellow guests comply with the obligations under this agreement. If the holiday rental guest or fellow guests violate the obligations of these terms and conditions, especially the careful use and house rules, or if the accommodation is occupied by more than the contractually agreed number of individuals, the landlord may terminate the rental contract without notice and without paying compensation.

In such cases, the customer shall bear the additional charges for new accommodation. The landlord reserves the right to recourse claims that become necessary as a result of conduct by the holiday rental guest that is contrary to the rules.

Like all holiday home and hotel providers in Formentera, we are obliged to register all holiday guests with the Guardia Civil within 24 hours with their name and identity document. The necessary form will be provided to you by the staff of Westbury S.L. provided. More information can be found here.

10. Careful use and house rules

The holiday rental guest is obligated to use the rental property with due care and with consideration for other guests and neighbours. A certain standard of conduct is expected. We reserve the right to terminate the rental contract without compensation if the conduct of the customer causes annoyance or damage to the property or individuals, employees of Westbury S.L., other customers or occupants.

House rules (excerpt)

No parties and events
In our houses and in the entire outdoor area (terrace and garden) parties and other events with loud music are prohibited.

Noise
On vacation, our guests want to relax and feel comfortable in our homes. We ask you to respect the night’s rest period from 23:00 to 07:00. During this time, noises (including talking, singing, music) are to be reduced to room volume. Especially on the terrace are loud activities to avoid, which can disturb the sleep of the neighbours.

Smoking and drugs
In all houses smoking is prohibited. You are welcome to smoke on the terrace. Please use an ashtray and do not throw the cigarettes into the forest (high risk of fire). The use or trade of drugs is also strictly prohibited.

Fire and barbecue
Since the cottages are located in a dry forest area, any kind of open fire or barbecue in the house, on the terrace and in the garden is prohibited due to the risk of fire.

Damage
Please report any damage or other problems as soon as possible in person or by phone on +34 673 92 25 43, at the latest within 24 hours, so that we can find a solution as soon as possible.

Violations
We take care to allow all our guests a pleasant stay. Therefore, we must sanction violations of the house rules, depending on the violation, with a warning, the retention of the deposit or the early termination of the rental contract by the landlord.

11. Booking changes by the holiday rental guest

Only employees of Westbury S.L. can make changes to reservations and bookings. Please use the contact form or our service number to contact us. A processing fee will apply, depending on the change. You will be informed of the fee before the change.

If you change a booking less than 4 weeks before arrival, cancellation fees may apply according to section 13

12. Booking changes by the landlord

Amendments may become necessary for reasons beyond our control. In such case, we reserve the right to change bookings to bungalows of the same or higher quality. If only a lower quality alternative is available, you are entitled to receive a refundo f the price difference.

You may either accept the change and reimbursement offered or cancel the booking and receive a refund for the entire rental price including deposit without incurring any cancellation charges. We are not liable for any resulting losses with respect to the trip or services from other service providers.

12.1. Force majeure

If force majeure (environmental catastrophes, natural forces, official measures etc.) or unforeseeable/unavoidable events frustrate the rental contract or its continuance, the landlord is entitled, but not obligated, to offer a substitute accommodation of the same quality to the holiday rental guest, to the exclusion of damage claims. If services cannot be rendered or cannot be rendered in full, the rental price including deposit or an appropriate part of it may be refunded, to the exclusion of further claims. In the event of force majeure, the guest cannot claim refund for payments already made.

13. Cancellation/cancellation of the rental contract

A reservation or booking can be canceled free of charge up to 8 weeks prior to arrival. Thereafter the guest may still withdraw from the contract at any time, however, the following cancellation fees will apply:

Cancellation time Cancellation fee in percent of total rental price
until 57 days prior to arrival date free of charge
56 – 42 days prior to arrival date 25% (advance payment)
41 – 30 days prior to arrival date 60%
29 – 15 days prior to arrival date 80%
14 – 1 days prior to arrival date 90%
No show without notification 100%

The cancellation fees are given in percentages of the total rental price.

The security deposit and our cleaning fee will be refunded fully. The VAT will be reimbursed in proportion to the amount credited. The entire rent will be due even if the guest checks in late or checks out earlier than reserved.

Cancellations must be made by the person who made the booking by written mail or by the e-mail address provided at the time of booking to booking@formentera-elements.com. Decisive is the receipt of the written declaration of resignation at the landlord.

14. Insurance

Travel cancellation insurance is not included in the rent. We recommend that the holiday rental guest take out a travel cancellation insurance policy.

15. Liability

Holiday rental guests shall bear the costs for the rectification of any damage caused by them or by individuals under their supervision. It is therefore important to notify us of any existing damage upon arrival immediately.

The holiday rental guest is liable for damage in or to the house of the landlord caused by himself and/or by individuals accompanying the guest or by visitors. The landlord shall not be liable for events for which the guest himself and/or individuals accompanying the guest are responsible. The guest is liable for damages caused by himself or by joint users, fault shall be assumed.

The landlord ensures a proper process of reservation and efficient performance of the contract. For damages other than personal damages, liability shall be restricted to twice the rent, unless there is gross negligence or intention.

Liability shall be excluded for acts of negligence on the part of the holiday rental guest or joint users, unforeseeable or unavoidable acts of negligence by third-parties, force majeure, or events that the landlord, key-holders, agents or other persons enlisted by the landlord could not have foreseen or prevented despite taking due care.

16. Place of jurisdiction

The place of jurisdiction for disputes arising out of the present agreement shall be the place where the accommodation is located. The agreement is governed by Spanish law.

17. Validity of these General Terms and Conditions

Bookings of an accommodation made on our website www.formentera-elements.com, is subject to the above Terms and Conditions. The holiday rental guest’s general terms and conditions are hereby excluded. The language of the agreement is German.

18. Data protection

The holiday rental guest hereby confirms that he consents to the use of his personal data to make the reservation and rent the an accommodation. The data will be treated with utmost confidentiality and not passed on to third-parties. The guest guarantees the accuracy of the data. For more information about privacy, please see our Privacy Policy.

About Us

Formentera Elements is a community of bungalows, apartments, studios and a villa established since 1992. Located in an idyllic location on Playa de Migjorn, in the heart of Formentera.

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