Alquilar una residencia (un apartamento) de vacaciones (inglés)

Is a booking valid when made by phone, fax or e-mail?

Yes, a holiday apartment can be rented by phone, fax or e-mail. In these cases, you should obtain a written confirmation of the booking with as much detail as possible, to avoid problems of proof regarding the nature of the hire or type of accommodation.

If you make the booking by phone, fax or e-mail at a tourist establishment, you are protected by a specific law which states that you must have documentary evidence of the contract made. So if your booking is confirmed, the establishment must send you full details of each and every one of the clauses of the contract, and also the text of the general conditions.

The important thing in all cases is to keep this written evidence about the booking, and we insist that you should try and obtain as many details as possible (with a description of the type of accommodation, additional facilities, number of days of your stay, supplementary services, the price plus VAT...).

And of course, don't forget to take all this documentation with you when leaving to go on your trip.

Upon my arrival, I was asked for a deposit of 500 euros, which had not been previously mentioned. Do I have to pay it?

To collect a deposit when booking an apartment at a tourist establishment is completely legal, but it can only be demanded on arrival at the apartment if this was initially included in the terms of contract or in the general contract conditions. Companies demand this deposit to insure against any loss or deterioration in the facilities, furnishings and fittings caused by the client, and also to guarantee compliance with all the other obligations arising from the contract.

When occupying the accommodation, this deposit cannot be more than 25% of the total price that has been agreed, and will be refunded to the client at the end of the contract, after deducting any applicable amounts.

To give you an idea: in the Valencia Autonomous Region, unless otherwise stipulated, companies are authorised to demand a deposit when the client occupies the accommodation, as long as this possibility is clearly set out in the contract. In this case, the deposit cannot be more than 150.25 euros.

If the apartment has been booked directly with its owner, generally speaking the same can be said as in the above case. The deposit should have been mentioned when confirming the reservation, and not everybody demands it. As in the case of companies, the deposit is paid in order to cover any contingent damage that might be caused by the tenant during his stay, and when the booking is made directly with the owner, the price of the deposit will vary, because the owner is free to fix the amount. The reasonable thing is for it to be in keeping with the state of the furnishings and fittings in the apartment. If there have been no problems, this deposit should of course be refunded at the end of the stay.

They have proposed that I use my Visa card to pay the deposit, but they assure me they will not debit the charge if at the end of my stay everything is in order. Do I have to accept this?

The tourist regulations do not stipulate what form of payment should be used to pay the deposit. It is, however, becoming a common policy for tourist companies to ask the clients (in this case the people who want to hire an apartment) to use their credit card.

By using this procedure, no amount is deducted when you sign for the deposit; the availability of the client's credit card is simply blocked for an amount equivalent to the sum of the deposit, and this amount will be unblocked at the end of the contract if there are no problems. The advantage for the tourist company is that it knows that if there are any problems later on, it can submit the charge. And for his part, the consumer does not lose money for the whole period of time that the deposit is formed.

No inventory had been made when I arrived. Is this usual? What risk do I run if there is any deterioration?

Be careful! Usually there is a clause in the contract whereby the client agrees he has received the apartment and its furnishings in a perfect state of use. The tourist regulations state that if, at the time of signing the contract, the clients do not submit any objections, it is understood that they agree to the furniture and fittings listed in the inventory, and also to their state of preservation and use. If, as usually happens, the contract states that the furniture in the apartment is in good condition, you will be the one who will have to prove otherwise: in this case, if there is no inventory about the state of the furniture, this will go against you.

When this clause is not included in the contract, or when there is no inventory, if there are any problems it will be the owner of the tourist apartment who will have to prove the state of the apartment before and after your stay. In this case the absence of an inventory will favour you.

I am being asked to pay for cleaning expenses, which was not foreseen. Do I have to pay?

Cleaning is not necessarily one of the items included in the overall price. You can (and should) refuse to pay any expenses incurred from cleaning if the offer had expressly stated that this service was included, because in this case you can demand that the offer be complied with.

If the cleaning service was not included in the contract, however, you cannot be made to pay it, because you may or may not have arranged for it yourself.

When occupying the apartment, it must be in a condition of use and cleanliness that permit its immediate use, and the company should provide you with a water supply, electricity, cooker, water heater and heating, bed linen and towels in a suitable state of cleanliness and a refuse collection service.

If the client wants a cleaning service during his stay, he may contract it voluntarily, but this cannot be imposed on him.

The house is in a deplorable condition. What should I do?

Notify the owner or the company straight away and demand that they remedy the defects. The lodgings should be in a perfect state of habitability, in accordance with their rating and with what is set out in the company's literature and described in the contract. It should in addition meet suitable conditions of cleanliness, hygiene, general services and utilities, and the installations should be working correctly.

Try and obtain as much evidence as possible (photos for example) about the state of the apartment, and ask for these faults to be corrected, or demand that you be given some other accommodation or even a reduction in the price.

If no agreement is reached, write to the owner and indicate, if the need arises, that you are going to interrupt your stay and are prepared to sue him for the expenses and inconvenience caused. Keep any receipts of expenses you have incurred in obtaining accommodation elsewhere.

The fittings in the house do not coincide with the description: although it was said to accommodate six people, there are only three knives, one small saucepan and a frying pan. What should I do?

Get in touch right away with the owner or the company with whom you have rented the apartment and ask them to let you have all you need for the authorised tenants to be able to use and enjoy the house.

In principle, tourist apartments should come complete with cutlery, household furnishings and equipment, linen and other utensils and accessories needed to attend to the clients' needs, always in terms of their capacity. Otherwise, the best thing, as a general rule, would be to try and solve the problem on a friendly basis on the spot.

For example, you could even propose that you personally buy the minimum equipment you are going to need, on the condition that they agree to refund you these expenses (make sure you request acceptance and authorisation in writing before running up any expense). Lastly, try and buy the necessary material at a reasonable price, to avoid being reproached for incurring unnecessary or exaggerated expenses.

The cooker has broken. What can I do?

As in the above case, what you should do is contact the owner or company from whom you have rented the apartment and ask them to handle the repair. You can also propose handling it yourself, and for the owner to pay you back the cost, but in this case make sure before doing so that you have the owner's written consent.

In any case you are entitled to compensation for the inconvenience this failure may cause you: you may, for example, demand to be reimbursed the restaurant bill because you were unable to use the cooker. In this case, do not incur exaggerated expenses (such as having your meals at luxury restaurants).

My kids have been jumping on the bed, which has now broken. Am I to blame?

Yes, for improper use of the furnishings, because you should return the apartment in a good condition. The repair that should be made due to abusive use by the client is not included in the price of the accommodation, and consequently the cost of the repair or replacement will be deducted from the deposit or advance you have paid.

Whilst they were playing ball, my kids broke a window. When settling the bill, they refuse to pay me back the deposit (500 euros), although this is much more than what the deterioration would cost. What can I do?

As a general rule, the deposit will be refunded to the client after deducting any appropriate amounts. The company is obliged to justify, with documents, that is to say, with bills, the amount of the repair and to refund the rest (unless the cost of the repair is more than the deposit or guarantee paid).

If no agreement were reached, the only possibility of recovering the money would be to submit a complaint to the Consumer's Board of Arbitration, which is a complicated solution for a casual tourist. In all events, the refusal to return the rest of the deposit could be an administrative offence and it would be fitting to lodge a complaint at the tourist administration. You may go to the OMIC (Municipal Consumer Information Office), or use the Complaints Book available at the establishment.