Terms and conditions for renting the Villa Aguila in Calpe
§1 Validity of the terms and conditions
(1) These general terms and conditions apply to contracts for the rental of Villa Aguila, hereinafter referred to as accommodation, to holiday guests. The services of the provider are based exclusively on these general terms and conditions.
(2) The subletting or re-letting of the rented accommodation and its use for purposes other than residential require the prior written consent of the provider.
(3) Terms and conditions of the guest only apply if they have been agreed in advance. Deviations from these conditions are only effective if the provider has expressly confirmed them in writing.
§2 Booking / Booking confirmation
(1) Please book the accommodation via our website villa-aguila.com. The booking is legally binding upon receipt of the online booking confirmation.
§3 Terms of payment
(1) We only accept payments via the payment methods offered on the villa-aguila.com website. If payment is made by invoice / bank transfer, the invoice amount is due after 7 days.
§4 Arrival and departure
(1) On the day of arrival, the accommodation is available from 5 p.m. If you arrive after 10:00 p.m., this must be discussed in advance. The keys are handed over personally on site or in a self-service via a key safe. Claims for damages cannot be asserted if, in exceptional cases, the holiday apartment cannot be occupied punctually at 5:00 p.m.
(2) On the day of departure, the apartment must be vacated by 10 a.m. The landlord reserves the right to invoice a late departure. The apartment must be left swept clean on the day of departure. The dishes, glasses, etc. must be cleaned and put away, the trash cans emptied and the refrigerator must be cleared out.
§5 Accommodation
(1) The accommodation is handed over by the landlord in a tidy and clean condition with complete inventory. Should there be any defects or should occur during the rental period, the landlord must be informed immediately.
(2) The tenant is liable for any damage caused to the rental property, the inventory, e.g. broken dishes, damage to the floor or furniture. This also includes the cost of lost keys and the electric gate opener.
(3) The inventory is to be treated with care and care and is only intended to remain in the holiday apartments.
(4) Moving furniture, especially beds, is prohibited.
(5) The tenant is also liable for the negligence of his fellow travelers. Damage caused by force majeure is excluded from this.
(6) In the event of use of the accommodation contrary to the contract, such as subletting, overcrowding, disturbance of housekeeping, etc., as well as failure to pay the full rental price, the contract can be terminated without notice. The rent already paid remains with the landlord.
(7) If there is liability insurance, the insurance company must be notified of any damage. The landlord must be given the name and address as well as the insurance number of the insurance company.
§6 Pets
(1) Pets of any kind are not allowed in the accommodation.
§7 Residence
(1) The accommodation may only be used by the persons listed in the booking. If the accommodation is used by more people than agreed, a separate fee must be paid for them, which is determined in the rental price. In this case, the landlord also has the right to terminate the rental agreement without notice.
(2) Subletting and transferring the accommodation to third parties is not permitted. The rental agreement may not be passed on to third parties.
(3) The tenant agrees to the general terms and conditions. The declaration of consent takes place with the payment. If the terms and conditions are violated, the landlord is entitled to terminate the rental relationship immediately and without notice. There is no legal right to repayment of the rent or compensation.
§8 Travel cancellation
(1) Withdrawal from the rental agreement must be made in writing by email. The following conditions apply to cancellation:
It is recommended that you take out travel cancellation insurance.
§9 Withdrawal by the landlord
(1) In the event of a cancellation on our part, as a result of force majeure or other unforeseeable circumstances (such as an accident or illness of the host) as well as other circumstances beyond our control that make performance impossible, the liability is limited to the reimbursement of the Costs.
(2) In the event of a justified withdrawal, the customer has no right to compensation - liability for travel and hotel costs is not assumed.
(3) The landlord can withdraw from the contract after the start of the lease without observing a deadline if the tenant behaves contrary to the contract to such an extent that the immediate cancellation of the lease is justified.
§10 Liability of the lessor
(1) The landlord is liable within the framework of the duty of care for the proper provision of the rental property. Liability for possible failures or disruptions in the water or power supply, as well as events and consequences due to force majeure are hereby excluded.
§11 Use of Internet access via WLAN
§11.1. Permission to use Internet access via WLAN
(1) The landlord maintains wireless internet access in his accommodation. He allows the tenant to use the WLAN access to the Internet for the duration of his stay in the holiday property.
(2) The tenant does not have the right to allow third parties to use the WLAN. The landlord does not guarantee the actual availability, suitability or reliability of the Internet access for any purpose. He is entitled at any time to allow additional co-users to operate the WLAN in whole, in part or temporarily and to restrict or exclude the tenant's access in whole, in part or in part if the connection is or has been used in an improper manner, insofar as the landlord must fear a claim and cannot prevent this with customary and reasonable effort in a reasonable time.
(3) In particular, the landlord reserves the right to block access to certain pages or services via the WLAN at its reasonable discretion and at any time (e.g. pages that glorify violence, pornographic or payable sites).
§11.2. Access data
(1) Use takes place by means of access security. The access data (WLAN password) may under no circumstances be passed on to third parties.
(2) The tenant undertakes to keep his access data secret.
(3) The landlord has the right to change access codes at any time.
§11.3. Dangers of using WLAN, limitation of liability
(1) The tenant's attention is drawn to the fact that the WLAN only enables access to the Internet, virus protection and firewall are not available. The data traffic established using the WLAN is unencrypted. The data can therefore possibly be viewed by third parties. The landlord expressly points out that there is a risk that malware (e.g. viruses, Trojans, worms, etc.) can get onto the device when using the WLAN. Use of the WLAN is at your own risk and at the tenant's own risk. The landlord assumes no liability for damage to the tenant's digital media resulting from the use of the Internet access, unless the damage was caused intentionally or through gross negligence by the landlord and / or his vicarious agents.
§11.4. Accountability and indemnification from claims
(1) The renter is responsible for the data transmitted via the WLAN, the chargeable services used and legal transactions not carried out. If the tenant visits paid websites or enters into liabilities, the resulting costs must be borne by him.
(2) He is obliged to comply with applicable law when using the WLAN. In particular, he will:
(3) The tenant indemnifies the landlord of the accommodation from all damage and claims by third parties based on illegal use of the WLAN by the tenant and / or on a violation of the present agreement. This also extends to costs and expenses associated with the use or defense thereof.
(4) If the tenant recognizes or must recognize that such a violation of the law and / or such a violation is present or threatened, he shall inform the landlord of the accommodation of this fact.
§12 General rights and obligations
(1) For the duration of the provision of the accommodation, the guest is obliged to keep windows (unless tilted) and doors closed when leaving the accommodation.
(2) A general smoking ban applies in the accommodation. In the event of non-compliance, the provider can charge a flat-rate cleaning fee of up to EUR 100.00 (net). Smoking is only allowed on balconies and terraces.
(3) Washing and drying laundry is prohibited in the apartments. The washing machine in the room below the swimming pool terrace can be used for this.
(4) The introduction and / or attachment of materials for decoration or similar is not permitted in the accommodation. The guest is solely liable for any decorations or similar that have been installed and / or attached and releases the provider from claims by third parties. He is also obliged to compensate for any damage caused by the installation of decorations or similar.
(5) The landlord and third parties commissioned by him to carry out the tasks in connection with the rental have a right of access to the accommodation at any time, especially in the event of imminent danger. Appropriate consideration must be given to the interests of the guest that are worthy of protection when exercising the right of access. The landlord will inform the guest in advance about the exercise of the right of access, unless this is unreasonable or impossible for him in the circumstances of the individual case.
§13 Written form
(1) There are no agreements other than those listed in this contract. Oral agreements were not made. The general terms and conditions are accepted with the booking.
§14 Severability Clause
(1) Should one or more provisions of these terms and conditions become ineffective, this shall not affect the validity of the remaining provisions. The ineffective provision is to be replaced by an effective one that comes closest to the economic purpose pursued by the ineffective provision.
This is an automatic translation using google translate. No guarantee is given for the correctness. The terms and conditions of the German version apply.
