The owner of the website is EV MMC SPAIN SLU (B-65824054) (hereinafter ‘Engel&Völkers’) whose registered address is in 08017, Barcelona, Avenida Diagonal, 640, 6-B.
What do these terms and conditions regulate?
These conditions are applied to:
- The relations between the Owner, or its representative (hereinafter the ‘Owner’), of a short-term accommodation (hereinafter the ‘Accommodation’) and Engel&Völkers, as the property broker.
- The relations between Engel&Völkers and a Tenant (hereinafter the ‘Tenant’) who requests that Engel&Völkers act as a broker for renting an Accommodation.
- And the relations between the Owner and the Tenant.
When the Tenant books an Accommodation, the contract is signed directly with the Owner.
Engel&Völkers participates merely as a property broker, and is not a part to this contract and is not liable to the Tenant or the Owner.
Engel&Völkers is not a representative either of the Tenant or the Owner and shall not be held liable for their actions.
How do I book an Accommodation?
To book an Accommodation, the Tenant must pay Engel&Völkers an amount for professional fees for property brokerage (hereinafter the ‘Booking’).
The amount of the Booking will depend on the length of the state and the type of Accommodation. The amount of the Booking includes 21% VAT.
Payment of the Booking must be done online by credit card (payment via a secure server with SSL encryption) or by bank transfer.
After payment of the Booking, Engel&Völkers will send the Tenant a Booking confirmation email with the draft of the rental contract, the remaining amount to pay and the Owner’s bank details.
Engel&Völkers will ask the Tenant for his or her ID, documentation verifying the origin of the funds, regular address, information that proves the Tenant’s solvency and the reason for the stay, to present his or her tenant profile to the Owner.
The signing of the rental contract is subject to the Owner’s acceptance of the terms and conditions.
What documents will Engel&Völkers require of the Tenant?
Engel&Völkers will request the Tenant’s ID, the data form to know the origin of the funds and documents verifying his or her solvency and payment ability of the contractual rental payments.
By way of example, there can be these options:
- For employees: two latest payroll slips and employment contract.
- For self-employed: last tax return and the last two quarterly VAT statements.
- If the Tenant is not in one of these two options: all documentation that the Tenant deems pertinent to prove his or her solvency and payment capacity.
How are the Owners normally paid?
As a general rule, before the move-in date into the Accommodation, the Tenant must pay the Owner the first month of rent, the amount for utilities and the deposit(s).
The payment of this amount is done by bank transfer to the bank account the Owner designates in the rental contract.
Subsequently, all rental payments, utility payments and any amount agreed between the Owner and the Tenant will be transferred each month to the bank account the Owner designates in the rental contract.
What happens if I cancel a booking?
All cancellations and changes must be made in writing by sending an email to: firstname.lastname@example.org.
No cancellations or changes are accepted by phone.
Engel&Völkers shall not return the Booking if the Tenant refuses to sign the rental contract, changes the rental dates or asks for a change of Accommodation after the Owner has accepted the Booking.
If the rental contract is not signed due to circumstances attributable to the Owner, Engel&Völkers will refund the amount of the Booking paid by the Tenant.
Engel&Völkers recommends that the Tenant takes out a trip cancellation insurance policy.
What is a security deposit?
As a general rule, to guarantee that the Accommodation and its contents are returned in good condition, along with the rental payment, the Owner will require the Tenant to establish a security deposit. Its amount tends to range between one to three monthly rental payments and will depend on the length of the stay and property type.
The Tenant may consult conditions related to the security deposit with Engel&Völkers.
The Owner must deposit the security deposit at the Catalan Land Institute (INCASOL) or the equivalent legal body for these purposes.
The Owner must return the security deposit to the Tenant when the contract finishes, after the property is vacant, empty and free and the keys have been turned in, after moderately subtracting any payments that could be outstanding for utility use and/or repairing any deteriorations or damages, if there are any.
What taxes will I have to pay?
The short-term rental of properties is subject to the payment of the Property Transfer Tax (ITP in its Spanish acronym).
According to article 8.f) of Royal Legislative Decree 1/1993, the Tenant, as the taxpayer, is obligated to pay said Property Transfer Tax (ITP).
The Tenant may ask Engel&Völkers for more information on this process.
What do I need to know about my arrival and departure?
Preparing for your arrival
The Tenant should make sure the actual arrival time is correct to plan for check-in and keep the Owner informed of any delays or changes.
The Tenant must send this information by email to email@example.com.
The Owner will have the Tenant’s phone number and email address in case of the need to contact the Tenant with regard to their arrival time.
In the confirmation email, Engel&Völkers will inform the Tenant about where to meet the Owner.
What do I need to do on arrival day?
The Tenant should call the Owner after arriving at the airport (or one hour before reaching the destination city if travelling by car).
It is extremely important that both the Owner and Engel&Völkers have the updated arrival time.
What do I need to do on the day I leave?
The Tenant should leave all sets of keys on the table, close the door of the Accommodation, first making sure that they have all of their belongings and that the building’s front door is not locked with a key.
What do I need to know about cleaning the Accommodation?
In the rental contract, the Owner tends to require the Tenant to make an additional payment for the final cleaning of the Accommodation.
Engel&Völkers recommends that the Tenant leaves the Accommodation in good condition before leaving, throwing out trash/recycling properly.
What do I need to know about the number and identity of Tenants?
The Tenant shall notify Engel&Völkers of the number of Tenants included in the Booking. As a general rule, pets are not permitted.
Only the number of people stated on the Booking by the Tenant can stay at the Accommodation.
What do I need to know about behaviour?
Loud music and parties are prohibited. Tenants should know that if they have parties or listen to loud music, or if the neighbours complain and/or call the police, this could lead to the Owner immediately evicting the Tenant from the Accommodation.
In this case, the Tenant shall not have the right to claim any type of compensation from Engel&Völkers and/or the Owner.
Engel&Völkers herein notifies Tenants that in general quiet times are between 10.00pm and 10.00am.
Engel&Völkers and the Owners would like to thank Tenants in advance for their cooperation and hope that they understand that these rules are necessary, as these Accommodations are located in residential buildings, subject to the bylaws of the property owners’ association.
What do I need to know about liabilities?
Neither Engel&Völkers nor the Owner of the Accommodation shall be liable for any direct or indirect damage that could occur as the consequence of the use that the Tenant makes of the Accommodation, including, but not limited to damages, insurance, losses due to fires, thefts or criminal behaviours.
Engel&Völkers states to the Owners and Tenants that its activity shall consist of providing property brokerage services, without this representing legal or tax consultancy or administering the rental.