Booking Terms and Conditions - Aguila Rent a Villa

Definitions
Accommodation: The holiday accommodation or home rented for a specific period, as defined in the reservation form. This includes all associated facilities that form part of the booking.
Accommodation provider: The party responsible for providing the booked accommodation and on-site services such as key management, cleaning, maintenance and any on-site payments due by the lessee.
Booking agent: An intermediary, lessor or independent organisation that handles the administrative processing of the booking on behalf of the lessor, including the collection of payments.
Tenant: The person mentioned in the reservation form as the one making the booking and responsible for compliance with the rental agreement.
Rent: The total amount owed by the Lessee for the rental of the accommodation, as specified in the reservation form. This amount may include additional charges unless otherwise specified.
Booking or Rental Agreement: A binding reservation of accommodation, confirmed by the landlord or booking agent.
Reservation form: The written or digital document setting out the details of the booking and rental conditions.
Landlord: The owner or representative of the owner responsible for making the accommodation available, as stated in the reservation form.
Rental conditions: The rules, provisions and agreements described in this document that apply to the tenancy agreement. These conditions set out the rights and obligations of the parties.

1. Applicability
   These rental conditions apply to all rental agreements between the lessor and lessee, irrespective of the manner of conclusion (e.g. via a website, in writing, by telephone or by e-mail). By placing a booking, the hirer declares to agree with these terms and conditions.
   Deviations from these conditions are only valid if agreed in writing by both parties.
2. Realisation of rental agreement
   A rental agreement is concluded at the moment the hirer places a booking through one of the available channels (internet, in writing, by telephone, by e-mail or in person) and the lessor or booking agent confirms this booking.
   The confirmation may be provided in writing, by e-mail or through an automated system. The hirer is obliged to check the accuracy of the data in the confirmation and report any errors immediately.
3. Amendments to the Rental Agreement
   Changes to the rental agreement or deviations from these terms and conditions are valid only if agreed in writing between the lessor or booking agent and the lessee.
   Changes affecting costs shall be recorded in writing and confirmed by both parties. Additional costs must be paid by the lessee within the agreed period.
   Requests for changes may be refused if they are not feasible or substantially disrupt the booking.
4. Terms of payment
   A booking or rental agreement can be made via the Internet, in writing, by telephone, by e-mail or in person at a booking agent. The deposit, as stated in the reservation form, must be paid within three working days of booking. If payment is not made within this period, the booking may be cancelled.
   The remaining amount must be paid no later than the due date in the reservation form. In case of negligence, the booking may be cancelled without refund of previous payments.
   For bookings within four weeks before the start of the rental period, the full rental amount and deposit must be paid immediately. Deposits will only be refunded if the cancellation can be attributed to the landlord or booking agent.
   
5. Prices and Adjustments
   Prices are quoted per accommodation and depend on the rental period chosen (month, week or day). The Lessor reserves the right to adjust prices in case of changes in levies, exchange rates, taxes or other external costs affecting the rental amount. Any price increases will be passed on to the lessee net, without mark-up.
   Printing and publication errors in price lists or on the website are reserved. In the event of price increases within three months of receipt of the reservation form, the hirer has the right to dissolve the agreement free of charge, with a full refund of amounts already paid.
   After full payment of the rental amount, no price increases will be implemented, unless agreed otherwise in writing.
   
6. Dissolution of the Agreement
   The agreement will be dissolved if the hirer fails to fulfil his obligations as described in these rental conditions (including article 5). In that case, the deposit shall be forfeited as compensation for costs incurred and damages suffered by the lessor or booking agent, including loss of profit.
   In case of dissolution due to negligence of the lessee, amounts already paid, including down payments, shall remain the property of the lessor or booking agent. If the damage exceeds the deposit, the lessor reserves the right to claim additional costs and damages.
   Dissolution by the lessor or booking agent will always be notified to the lessee in writing.
   
7. Cancellation conditions
   The tenant may only cancel the rental agreement in writing up to 60 days before the start date of the rental period. In case of cancellation, the deposit remains the property of the booking agent at all times and will not be refunded.
   If cancellation occurs within 60 days prior to the start date of the rental period, the tenant remains liable to pay the full rental amount, unless otherwise agreed in writing with the booking agent.
   For bookings made through an external portal with its own payment and reservation conditions, the cancellation conditions of the relevant portal shall prevail. The tenant is advised to carefully verify these conditions prior to booking.
   
8. Insurance
   The rental price does not include insurance unless it is explicitly stated that it is included and the insurance(s) concerned are specifically specified.
   
9. Liability of the lessor
   The accommodation provider, booking agent or landlord is not liable for loss, damage or depreciation of property of the tenant and/or co-tenants, whether caused by use or improper use of the rented property.
   If damage to the tenant's property results from defects in the rented property, the landlord's liability shall be limited to a maximum of the rental amount paid. The landlord shall not be liable for any other damage, including personal or immaterial damage, or damage not directly related to the tenant's property.
   For damages caused by default, only the statutory damages shall apply, and this limitation shall remain unaffected.
   
10. Age restriction
    Persons under 30 years of age, where all co-residents of the accommodation to be rented are also under 30 years of age, may only book with the prior written consent of the booking office. Failure to comply with this condition may result in cancellation of the booking.
    
11. Joint and several liability
    The Lessee is jointly and severally liable for the full rental price and for all damage caused by himself or other persons, staying with him in the accommodation.
12. Proper Occupancy
    The tenant is obliged to occupy the accommodation according to generally accepted standards and decency. Any nuisance or inappropriate behaviour may result in termination of the rental agreement without entitlement to a refund.
13. Number of admitted persons
    A booking is only valid for the number of persons as stated on the reservation form. The stay of more persons than allowed may result in cancellation of the rental agreement, loss of the deposit and/or a surcharge for the extra persons. In such a case, payments already made will not be refunded, and the full rental fee will remain due.
    If the tenant wishes to allow more persons to stay in advance, the written consent of the booking agent is required. The accommodation provider reserves the right to refuse this request or charge an additional fee for it.
    As a rule, babies and children under the age of 3 are not counted in the maximum number of persons allowed, unless explicitly stated otherwise in the booking conditions. The tenant is advised to verify this in advance with the booking agent.
14. Tourist Person Register
    The hirer is obliged to fill in the tourist person register completely and accurately, in the manner and within the time limit as indicated by the accommodation provider or booking agent. The information requested may vary by region and/or period and must always be provided correctly. Failure to comply with this obligation may result in fines, which shall be borne entirely by the hirer.
15. Security deposit
    The accommodation provider may require a deposit, depending on the accommodation and destination. This is collected upon booking or arrival and usually refunded within 8 days of departure, provided the accommodation has been left in good condition.
    All cases of breakage, loss or damage to the rented property must be reported to the accommodation provider immediately and fully reimbursed by the lessee. Damage or loss may be deducted from the deposit. If no deposit has been paid or the damage exceeds the amount of the deposit, the lessee is obliged to pay the full remaining amount immediately.
    
16. Arrival and departure
    The usual arrival and departure days may vary by location. Outside the high season, it is usually possible to arrive or depart on any day of the week. For rentals of less than a week, a daily surcharge may apply. For specific information, please contact your booking agent or make a calculation via the website.
    At holiday destinations, you are usually expected to arrive between 16:00 and 18:00. If you expect to arrive after 6pm, you should inform the key address in good time. If you arrive after the indicated time without prior notification, the accommodation provider may charge extra costs.
    On the day of departure, the accommodation must be vacated by 9.30am. If the accommodation is not left on time, the landlord and the accommodation provider are entitled to charge compensation, which may result in the loss of the deposit.
    Upon departure, the lessee is obliged to leave the holiday accommodation in a proper condition, which means that it must be broom clean:
    • Furniture and other items must be returned to their original place.
    • Crockery must be washed and stored in the designated place.
    • Rubbish must have been removed by the tenant to the designated disposal points before departure. Failure to do so will result in the lessee being charged for rubbish removal costs by the accommodation provider.
    The accommodation provider reserves the right to carry out a final inspection. If during this inspection it is found that the accommodation does not meet the aforementioned conditions, the accommodation provider is entitled to charge the tenant for additional cleaning costs or damages.
17. Documents
    Your booking agent will provide the necessary general information about the rented accommodation and surroundings prior to or at the time of booking.
18. Rules of Use Shared Facilities
    For holiday accommodation or homes with shared facilities, such as a lift, gallery, garden, garage, swimming pool or other common areas, specific rules of use apply. These rules are available for inspection in the accommodation. The tenant and his/her co-occupants are obliged to comply with these rules. Failure to comply may result in sanctions, which will be charged to the tenant.
19. Change or termination
    The lessor has the right to change or cancel the agreed service on one or more essential points due to important circumstances. Important circumstances are understood to be circumstances of such a nature that further commitment to the agreement cannot reasonably be demanded of the lessor.
    In case of force majeure, such as war, strikes, natural disasters or other unforeseen events, the accommodation provider has the right to cancel the booking. In such a case, the booking agent shall be obliged to refund amounts already paid to the lessee.
    In order to guarantee the quality of the stay, the accommodation provider reserves the right, if necessary, to replace the booked accommodation with comparable accommodation. If comparable replacement accommodation is not available, the contract will be cancelled, and any amounts already paid will be refunded to the Lessee.
20. Complaints
    If you notice an error or imperfection at the destination, you are expected to report it immediately to the accommodation provider or the local agency/booking agent. This may prevent further inconveniences. In case of serious complaints, you should immediately inform the accommodation provider so that they have the opportunity to resolve the complaint as soon as possible.
    If a complaint is not resolved satisfactorily on site, you should submit a written reasoned complaint to the booking agent within 2 weeks of your departure from the accommodation. If this is not done within the stipulated period, the complaint will no longer be considered.
    If you move into another accommodation without prior consultation with the booking agent or leave the accommodation you have rented prematurely, you will lose all rights to any refund.
21. Cleaning costs
    On the website and in the price list, you can see whether the cleaning costs of the respective accommodation are included. If this is not the case, the relevant costs are listed. These are stated together with the rental price on the reservation form. As a rule, these costs are settled on the day of arrival at the key address.
22. Bed linen and towels
    As a rule, bed and bath linen are included in the rental price. To be assured of this, please check the details of each accommodation on the website. You may need to change the linen yourself at the reception or key address after each week of your stay.
23. Extra Facilities
    In many cases, if specified immediately when booking, an extra bed, cot, high chair, playpen, etc. can be requested.
24. Pets
    Most accommodation owners do not allow pets. Keeping a pet in or around the accommodation is only allowed with the express permission of the accommodation provider and if explicitly stated on the booking receipt.
    The accommodation provider reserves the right to impose additional conditions for bringing pets, such as imposing a surcharge for final cleaning or other additional costs. This surcharge will be communicated to the tenant in advance.
    If a pet is brought without permission, the accommodation provider reserves the right to immediately terminate the rental agreement and charge any additional cleaning or repair costs to the tenant.
25. Parties - Events
    It is not allowed to organise parties or events in the rented accommodation without the express written consent of the lessor. Parties and events means any gathering where the number of attendees exceeds twice the maximum number of persons allowed to stay in the accommodation according to the rental agreement.
    If a party or event is organised without permission, the landlord reserves the right to dissolve the rental agreement immediately. Any costs for additional cleaning, damage or other nuisance will be charged in full to the tenant.
    Requests for permission must be made in writing in advance. The landlord may impose additional conditions or charges for approval of a party or event.
26. Music and Sound
    It is not permitted to make music, play music, or produce sounds audible outside the boundaries of the rented accommodation, unless express written permission is granted by the lessor.
    If permission is granted for a party or event, the lessee must comply with applicable legal regulations and local noise standards. The lessee is obliged to inform neighbours who may potentially experience nuisance in advance of the planned event or party.
    If these rules are violated, the lessor reserves the right to take appropriate measures, including terminating the rental agreement and charging any additional costs arising from nuisance or damage.
27. Construction activities
    Rented holiday accommodation or homes are usually private properties owned by individual owners and are usually located in spacious neighbourhoods, outside holiday parks. As a result, unexpected construction activities may occasionally take place near your rented accommodation. These works may be carried out by other property owners, contractors and/or government agencies, with whom we have no relationship and on whom we have no influence.
    The accommodation provider, booking agent and lessor are not liable for any nuisance, inconvenience or damage resulting from construction work, unless such work is commissioned by the accommodation provider itself. We recommend requesting any information about planned works in the area prior to your stay.
    Although we do our best to avoid such situations, we cannot guarantee the absence of construction nuisance.
28. Satellite TV and Cable TV
    If the accommodation description states that satellite or cable TV is available, this does not automatically mean that all programmes, including those from your home country, are available. Often, foreign owners have decoders limited to regional or international channels, depending on the location and type of subscription.
    We cannot guarantee the availability of specific channels or programmes. If you have specific requirements regarding TV channels, we recommend checking with the booking agent or accommodation provider prior to booking.
29. Water Electricity Internet
    In some holiday countries, disruptions in water and electricity supply and internet connections can occur regularly. Municipal or regional authorities and utility companies may decide to temporarily disconnect or restrict distribution due to maintenance, breakdowns or other causes.
    The accommodation provider and the landlord are not liable for any damage, inconvenience or nuisance caused by such interruptions, as they are beyond their control. If you have specific requirements in advance regarding the availability of water, electricity or internet, we recommend that you notify the booking agent.
30. Energy consumption
    In certain seasons, holiday accommodation or homes with heating and/or air conditioning may be subject to a surcharge per week. This surcharge depends on the type of accommodation, the location and the length of your stay.
    For detailed information on any additional charges for energy consumption, please consult the accommodation details on the website or contact your booking agent.
    If there is a surcharge, it will be clearly stated on the reservation form. In case of abnormal or extreme energy consumption during your stay, the accommodation provider reserves the right to charge additional costs to the tenant.
31. Use of Water, Electricity and Gas
    Normal consumption of water, electricity and gas is usually included in the rental price, depending on the property rented. In some cases, such as when using heating or air conditioning, additional charges may apply. These possible additional charges will be clearly stated on the reservation form.
    If extreme consumption of water, electricity or gas is observed during your stay, the accommodation provider reserves the right to charge these costs separately on departure.
    Different conditions usually apply to winter bookings and/or bookings of more than 28 days. In such cases, the costs for water, electricity and gas are usually not included in the rental price and are calculated and invoiced separately.
32. Electric Vehicles
    It is strictly forbidden to charge electric and/or hybrid vehicles through the electric network of the rented property without the prior written consent of the landlord. This prohibition applies even if specific infrastructure is in place for charging vehicles.
    If permission is granted, additional charges and conditions may apply. The use of unofficial or uncertified charging methods is strictly prohibited and any damage to the electric network or the accommodation due to unauthorised charging will be fully recovered from the tenant.
33. Garden and swimming pool
    In holiday homes with a garden and/or private pool, regular maintenance is necessary to ensure quality and safety. Pools are usually maintained once or twice a week, while gardens are usually taken care of once a week.
    As a guest, you are obliged to grant full access to the maintenance staff when required. Where possible, the time of maintenance will be communicated to you in advance to minimise inconvenience.
    If access to the accommodation is denied, and this results in overdue maintenance or damage, any additional costs or repairs may be charged to the tenant.
34. Garden and pool installations
    It is strictly forbidden for guests to operate or adjust the pool pump and filter system, as well as the automatic garden irrigation system. These systems are set up to function optimally and safely and should only be operated by authorised maintenance staff.
    Any damage to the installations or the accommodation itself due to unauthorised use will be fully recovered from the tenant. In case of questions or problems with these installations, please contact the accommodation provider directly.
35. Forum and choice of law
    Any dispute between the lessor and the lessee shall be settled by the competent court in the country and region where the accommodation is located. The applicable law is that of the country and region where the accommodation is located, unless otherwise agreed in writing.
    The Lessor reserves the right to choose to have the dispute adjudicated in the country and region where the Lessee is located, provided the Lessee is notified in writing.
    The address provided by the lessee shall, in the absence of any notice to the contrary, be deemed correct and complete by the lessor.
    All agreements between lessor and lessee are subject to the applicability of the laws of the country and region where the accommodation is located, unless otherwise agreed in writing.