NEW RENTAL LAW FOR HOLIDAY APARTMENTS II – BOOKING, REGISTRATION AND OTHER FORMALITIES
This post is a continuation of the previous post where I provided a general overview of the new rental Law passed by the Government of Andalusia.
In the few weeks passed from our last post notorious improvements have been made and now it seems that the infrastructure to proceed with the registration is in place. We show you below some shots from the Junta de Andalucia Web site (unfortunately there isn’t a version in English language).
Home page from the Section of Tourism and Sports from Junta de Andalucia
The website allows to register with or without “digital certified signature” but unfortunately there is not a version in English. Once you access the system you will be required to fill out several forms and to upload a number of documents. In principle if the document has been correctly filled out and the necessary documents have been upload then the registration will be achieved being assigned a registration number. In another case it’s likely that the Government will contact the applicant to require the information or paperwork missing.
Having said this, I would like to provide further legal information.
Contract required and access to the apartment (Art. 7) All user will be provided, at the time to have access to the property a document with binding effects where it should be included a minimum amount of information such as the name of the person (or company) responsible for the rental, the apartment registration number, the number and identity of the occupants, dates for check in and check out and telephone number where to ask any question about the property or to notify any issues. This document, signed by both parties, must be kept for one year by the property owner.
The property owner should also keep a list every year of all the occupants of the apartment including names, passport numbers, telephone, home address and a passport copy without prejudices of any obligation that the property owner may have derived out f the accommodation industry. In following posts we will develop this subject.
The parties can agree a date and time to provide access to the property. If nothing is agreed to this respect it’s legally understood that the occupation will start at 16.00 hrs of the first day booked and ends at 12.00 of the day after the booking (like hotels). The person responsible for the property owner must be present at the times agreed for check in or check out though the parties can agree something different (we suggest to include the way to collect and deliver the keys at the rental confirmation contract. At the time of providing access the person responsible for the rental must provide information for the use of the property’s equipment as well as information related with the urbanization or communal areas of the complex, providing in that moment any cards o remotes that make possible to access com communal services.
We suggest preparing in advance and leaving into the apartment a small dossier with the community by-laws, information about the property equipment and other local touristic information about places to go and services around the property.
Price and Booking (Art. 8)
Property owners are free to set out the price for the rental but in all cases it will be always included in it the consumption of water, electricity, heater, cooling, cleaning for check in and check out, use of linen, bath and house hold. The responsible for the rental is really required to show proof of payment for the apartment utilities as well as to provide a legal receipt for any advanced payment in its case.
The terms related to price, booking, anticipated payments and cancellation will be subject to what has been agreed by the parties and in all cases must be informed in advance. At the time of making the booking it will be provided to the user a booking confirmation that must always include the total price, the amounts taken in advance and the penalties applicable.
A booking fee can be required. In case of absence of a previous agreement between the parties, property owners can require an anticipated payment of 30% of the total price for the period contracted. In case of a cancellation prior the access to the property the owner can keep a 50% of the booking fee if the it takes place 10 days prior the day agreed for the occupation. In case the cancellation take places within 10 days before the agreed date for the occupation the property owner can keep 100% of the booking fee. All these terms must be informed to the occupant in advance and should be included at the contractual document.
Penalties will not be applicable in cases of legal “force majeure” duly proved. Force majeure is something that does not depend on the tenant and that cannot be avoided being totally diligent.
We hope that the information herein is useful to for you process of registration of your apartment. If you wish us to guide you through the porcess, we would be delighted to do so.
Jose Francisco Criado Sanchez
Criado & Kraus