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How to write a holiday rental agreement

 

Many owners ask us if we can supply them with a standard holiday rental booking agreement. A standard agreement should protect both parties interests and clearly spell out the obligations of both owner and guest. However, rather than using a standard agreement, we recommend adopting standard terms and conditions and then building on these to create an agreement which also represents your personal preferences. 

Your particular ‘house rules’ may include points, such as ‘no pets’, or ‘pets allowed’ (in which case you will need to consider a separate annexe in which you state the ‘house rules’ for pets and any fee applied for bringing pets), no smoking, minimum age of guests i.e. 18 or 21 (obviously excluding children), community rules that guests must heed, information on using equipment, such as a fireplace, toilet flushing, Jacuzzi or water hosepipe. 

 

A guide to what your agreement should include

 

Your name and contact details
 
Name and address of the property
Dates and duration of stay   
Full contact details of the primary guest  The person booking your accommodation
Names and ages of other guests
Passport numbers for each You will also need to advise them to have a copy ready of each passport for when they arrive 
Arrival/departure dates & times Plus your check-in/out requirements
Total amount due It’s important to include a breakdown of costs i.e. pet supplements, airport transfers, extra accessories, such as: high chairs, towel packages, etc. 
Booking deposit Amount, deadline to pay and clearly state if the deposit is refundable or non-refundable
Breakage deposit Amount, conditions i.e. what constitutes damage - cleaning, breakages and that costs incurred will be deducted from the deposit
Key information: Where, when and how to pick up and return keys; what happens if a guest loses a key
Cancellation Policy
Detail the cancellation deadline and advise guests of the penalties they could incur for a last minute cancellation. 
Travel insurance Advise guests that it’s a good idea to take out a travel insurance policy, which covers them during their stay. But do remember that you will also need to have a specific holiday rental travel insurance (since the introduction of the holiday rental licence law in Spain) including public liability that will cover a guest for an accident or robbery of personal belongings in your home. For more information read our article on Spanish holiday rental insurance.
House rules Here you want to set out the conditions for the personal preferences we mentioned before: pets, smoking, how to use equipment, parking, community and pool rules, etc. 
Housekeeping service It’s important to state when and how many times the home will be cleaned during the guest’s stay. Some guests will expect more regular or daily housekeeping. You could include an additional cost for this. 
Subletting It’s important to highlight this. Although you would imagine that most guests wouldn’t dream of making money out of your home during their stay. It can happen. Include a condition that states guests must not sublet the property or any part of it during their stay. 
'Act of God' clause Make sure you include a clause that explains you can’t be held responsible for natural disasters and circumstances that are beyond your control.

 

Finally, don’t forget to attach the invoice with your booking agreement. Creating the contract isn’t difficult, it's just the getting started that’s a pain. But we do recommend tailoring your agreement to suit your holiday rental and house rules. 

We hope you now have some material to get you started!

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