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Holiday rental contracts or short-term tourist rental agreements are legal agreements in contract form between two parties: the owner and the tenant. The owner makes a specific property available for the tenant’s use and enjoyment, and the tenant occupies the property for a short period for holiday purposes such as rest, leisure or tourism, in exchange for paying rent.
A tourist or holiday rental contract is necessary because it is the only way to give legal force and validity to an agreement between two parties, ensuring it is recorded, written and signed. The holiday rental contract also sets out the house rules and the consequences of breaching them. In cities where a tourist tax is required, the holiday rental contract is where the applicable amount is usually detailed.
By signing the holiday rental contract, both parties are protected in the event of any dispute. If a conflict arises, the holiday rental contract is your safeguard, proving that the other party has signed a document in which specific conditions are set out, which can tip the balance one way or the other.
Among the conditions included in the contract, it should be stated that the data provided when completing the guest registration form must be forwarded to the authorities. With the Check-in Scan tool, the owner can complete check-in automatically, without paperwork, and send guest data to the authorities at the time of check-in. The tool also allows you to create personalised rental contracts.
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A holiday rental contract formalises an agreement between two parties and defines the rights and duties of the host and the guest. In the event of disputes, it is a binding legal tool that can be used to resolve problems.
Broadly speaking, types of residential rental contracts in Spain can be summarised in two main categories:
In Spain, for a tourist rental contract to be valid and legally binding, it must meet certain legal requirements. The elements that should be included are:
You must clearly specify who the landlord (owner or manager of the property) and the tenant (guest) are. You must also include binding identification details for each: full name, ID number, phone number, address and email.
It is essential to describe the property in detail, including its address, characteristics, inventory and condition. We recommend attaching an inventory sheet to the contract, listing the property’s equipment and furnishings.
You must specify the duration of the contract, stating the start and end dates of the stay. Many owners include a minimum stay clause to ensure that the efforts involved in preparing the accommodation are justified by a minimum rental period.
You must state the total rental amount, any additional charges (for example, cleaning or service fees, VAT, tourist tax) and the payment terms, including deadlines and accepted methods.
If you require a security deposit, the contract must specify the amount, conditions for its return and the reasons for which it may be withheld.
Every contract must specify which payment methods are accepted on arrival and departure. This must also be set out explicitly in the holiday rental contract. It is generally advisable to use card payments or bank transfers, as well as bookings processed via your website or OTAs.
A holiday rental contract must always specify the property’s maximum capacity. If a problem occurs and the number of guests exceeds the capacity set out in the certificate of habitability, you may face legal issues.
Specify check-in and check-out times in the holiday rental contract. This is usually done to establish reasonable, orderly time slots for arrival and departure.
You must set out the responsibilities of the landlord and tenant, such as property maintenance, respect for house rules and proper use of the accommodation.
The holiday rental contract must include the accommodation’s cancellation policy, specifying deadlines and any penalties if either party cancels before the end of the contract. You must indicate when and under what conditions the booking amount will be refunded (or not) and how the refund process will be handled.
The contract must define the tenant’s liability for damages and state that the landlord has obtained all necessary permits to rent the property for tourist use.
It is common to include a clause stating that the contract is governed by Spanish law and specifying the courts that will have jurisdiction in case of disputes. Including these elements in the contract protects the interests of both parties.
In Spain, signing a holiday rental contract between host/owner and guest is not mandatory in all cases, except in regions such as Andalusia and the Canary Islands, where it is required. This diversity is due to the fact that holiday rentals are governed by Law 29/1994, the Urban Leases Act (LAU). Each autonomous community or municipality can establish its own regulations, and some of them require a formal holiday rental contract between host and guest.
In any case, it is highly advisable to formalise a written agreement with the tenant to ensure that both guest and host are subject to clearly defined rights and obligations, and to have a solid legal framework in the event of any problems.
