General Terms & Conditions La Gardenia Service & Travel

General Terms & Conditions  “La Gardenia Service & Travel S.L.” 

These Terms & Conditions are applicable to all the following services: Pool maintenance, Garden maintenance, House management, cleaning of houses.

Insurance

The Owner should ensure that they have adequate contents insurance cover and building insurance, where applicable.  Although La Gardenia Service & Travel S.L. will investigate any reports of missing or damaged items, it does not accept liability as frequent inventory checks would be necessary.  Any claims, correspondence or legal action will be between the owner and the insurance company.

Notification of changes

The owners shall notify forthwith:

a)     if there is any material change to the Accommodation or property at any time during the term of this agreement

b)     if there is any change in the garden at any time of this agreement

 

Payments

Payments have to be received within 2 weeks after starting the maintenance. For a delay in payment we will have to invoice you 10 percent administration cost per month delay. Payments will be accepted from the following; bank transfer, cheque & credit card. La Gardenia Service & Travel S.L. will not pay for any transfer commissions or fees.

 

Term

This Agreement shall commence upon the date of its signature by La Gardenia S&T and the Owner and shall remain in force for the period mentioned in the contract with a minimum of 12 months. This Agreement shall be automatically renewed by the same term (1 year) unless prior written notice is received by either party at least one months in advance. Prices are subject to increase after 12 months.

 

Force Majeure

La Gardenia Service and Travel cannot be held responsible for circumstances which are beyond our control including Force Majeure and Acts of God, such as natural disasters like storms, heavy rains or water shortage, plagues etc. and the obligations of La Gardenia S&T may be wholly or partially suspended cancelled or terminated if the said company as a direct or indirect result becomes unable to perform either on time or any of it obligations under this agreement. La Gardenia shall not be liable to the owner for any loss or damage which may be suffered by the Owner nor shall there be any breach or default in carrying out some or all of its obligations under this agreement and there will be no reimbursement of any maintenance fees. In addition all works which need to be carried out as a result of these events or circumstances to repair the situation and enable La Gardenia Service and Travel to continue to perform its obligation will be at the cost of the owner.  All extra work, which needs to be effected as a result of other works carried out in your garden or house or environment affecting your house, garden or swimming pool, such as for instance placing cables or other materials, repairs, removals, damaging the garden etc. is not included in the garden maintenance contract. This work will have to be carried out at extra costs counted per hour of manpower invoiced to you. Should these costs be estimated to an amount over € 100,- (per event) we will contact you to inform you of the estimation of the costs in order to receive confirmation that you would like these works to be carried out.  Should you have a rental with La gardenia Service & Travel it is mandatory to maintain the standards and carry out necessary works.

Contractual obligations

La Gardenia Service & Travel cannot be held responsible for circumstances or events which are beyond our control and which prevent us from carrying out the obligations under this agreement (maintenance, swimming pool, garden or other services stipulated), either on time or at all.  Primarily, but not exclusively this relates to cases of

Force Majeur as stipulated above. However we additionally do not accept liability in the case of malfunctioning of installations or defect materials, such as for instance the swimming pool or watering systems, leakage of swimming pools, pump-houses etc., or other situations beyond our control in or around the house. Should such a case occur, the service will have to be (partly) suspended, cancelled or terminated.  La Gardenia Service & Travel will immediately inform you of the situation and we will continue to perform our obligations as soon as the problem has been resolved. La Gardenia Service and Travel can not be held responsible for any damage or loss incurred by the owner. La Gardenia Service & Travel can in such a case not reimburse any fees for this period. Any extra work or costs (for instance new water filling) resulting from these situations will be at the cost of the Owner, unless it can clearly be proven that this damage was caused deliberately or by heavy  negligence by the staff of La Gardenia Service & Travel S.L.

Third parties

La Gardenia Service & Travel cannot be held responsible for damage caused by third parties. It can neither be held responsible for any loss by non-payments of third parties.

In case this is part of the contract you have with La Gardenia Service & Travel S.L. we will keep a key of your house. These keys are kept in a secure place and are taken care of in a responsible way. Upon your written  request we can hand over your key to third persons. We can however not be held responsible for any items missing of the inventory or damage to your property.

 

Communication:

All communication relating to this agreement shall be written in Spanish /English/ German or Dutch and delivered by hand, or sent by E-mail to La Gardenia Service & Travel S.L., Autovia Murcia – San Javier 1, Poligono Cartago             30155 Baños y Mendigo,  Murcia, España.

 

Law & Jurisdiction:

These agreements are subject to the Spanish law, and any dispute arising in relation to performance or interpretation there of shall be resolved by the courts of the city of Murcia.

 

Liability:

Except for cases in respect of liability for death or personal injury arising from heavy negligence of La Gardenia Service & Travel to the owner (whether in contract or not including negligence, or otherwise) under or in connection with this agreement, in respect of each claim or series of connected claims, shall not exceed, in aggregate, the annual management fee payable in respect of the property. In no event shall La Gardenia Service & Travel be liable for any indirect or consequential losses including negligence, or otherwise (save for liability for death or personal injury) to the extent referred to above.