These are the terms and conditions of use for https://marinaayianapa.com/ (hereinafter the “Terms and Conditions” and “Website” respectively). The Website is owned and operated by M.M. Makronisos Marina Limited, a private limited liability company registered in Cyprus with registration number HE 304821, and registered office address at 14 Michalakopoulou, 1075 Nicosia, Cyprus, (hereinafter “we” “us” or “our”).
Your access to and/or use of the Website and use of any services and/or products offered and/or provided through the Website (hereinafter the “Services and Products”) is subject to the Terms and Conditions. Please read the Terms and Conditions carefully before using the Website and/or the Services and Products.
By accessing and/or using the Website you are deemed to have read, understood and fully agreed to the Terms and Conditions.
When you use the Services and Products, depending on the service and/or product offered and/or provided through the Website, additional terms and conditions may apply. Where there is any inconsistency between the Terms and Conditions and the foregoing additional terms and conditions, the latter shall prevail.
All content included on the Website and all content that is made available through the Services and Products, including, without limitation, text, graphics, software, images, button icons, audio clips, video clips, video sequences, sound documents, digital downloads, files, data compilations, trademarks and logos, is, unless otherwise stated, our or our licensor’s exclusive intellectual property (hereinafter the “Intellectual Property”), and is protected by applicable Cypriot, European Union and international law.
You may not extract, use, copy, print off, store, download or re-publish the Intellectual Property or any part thereof unless:
(a) you are in receipt of our express prior written consent; or
(b) any such use, copy, print off, storing, download or re-publishing, is expressly permitted by the Website.
Provided that where you have permission to use, copy, print off, store, download or re-publish the Intellectual Property or any part thereof, as mentioned under paragraphs (a) and (b) in this section above, you shall reproduce any copyright, trade mark or other intellectual property right notice(s) or mark(s) contained in the original content. Provided further that where there exists no such right notice(s) or mark(s), you shall state and/or clearly depict that the foregoing Intellectual Property is our or our licensors’, as the case may be, exclusive ownership.
You hereby acknowledge and agree that your use of the Website and/or permitted use, copy, print off, store, download or re-publishing of the Intellectual Property or any part thereof, as set out in this section above, shall not grant you any right in respect of the Intellectual Property or any part thereof.
(a) Even though we make every possible effort, by taking all required measures to offer a high level of security, we cannot guarantee the operation, content, accuracy, timeliness, technical adequacy, precision, clarify, appropriateness, validity and availability of the Website, or the use of and access to it.
(b) We cannot and do not guarantee that any material and/or content provided on and/or made available through the Website will be free from viruses and/or malware and/or other code that may have contaminating or destructive elements. It is your absolute responsibility to implement appropriate security safeguards (including, without limitation, equip your device with anti-virus and other security software and checks) to satisfy your particular requirements as to the safety and reliability of any material and/or content provided on and/or made available through the Website.
(c) Except to the extent expressly provided in the Terms and Conditions, you shall not:
(i) scrape content and/or material and/or store content and/or material, provided on and/or made available through the Website, on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all or any part of the Website; and/or
(ii) remove or change or alter or modify any content and/or material provided on and/or made available through the Website or attempt to circumvent or hijack security or interfere with the functioning of the Website or the servers on which the Website is hosted; and/or
(iii) create links to the Website from any other website, without our prior written consent. Provided that you may link from a website that is operated by you on the provisos that (aa) such link is not misleading or deceptive and fairly indicates its destination; (bb) you do not imply in any way that we endorse you, your website, or any products or services that you may offer; (cc) you link to (and do not frame or replicate) the home page of the Website; and (dd) the linked website does not contain any content and/or material that is unlawful, threatening, abusive, defamatory, pornographic, obscene, vulgar, indecent, offensive or which infringes the intellectual property rights or other rights of any third party.
(d) You agree to access and use the Website and anything available from or through the Website for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or good will or that of any of our business partners and/or affiliates and/or associates.
(e) In the event that you are in breach of any of the Terms and Conditions, all rights granted to you under the Terms and Conditions will immediately automatically terminate.
To the fullest extent permitted by applicable law:
(a) we assume no liability for the topicality, accuracy, correctness, technical accuracy, reliability, integrity, fitness for purpose, originality or quality of the information and content and material provided on and/or made available through the Website, which are provided on an “as is” basis; and
(b) we hereby disclaim any and all claims for liability, costs, expenses and/or damages, whether based upon damage of a material or immaterial type, and whether caused through or relating to the access or use or non-use of the Website and/or the Intellectual Property or through or relating to the use of incorrect or incomplete information and/or material and/or content, including, without limitation, direct loss, loss of profits (whether the same was foreseeable and/or arose in the normal course of things) or any other direct or indirect, consequential and incidental damages, including, without limitation, any damage caused on your devices, software or files that is the result of viruses or malware.
Any and all offers submitted to us through the Website for the provision and/or acquisition of Services and/or Products are without engagement and non-binding on us.
The operator Company and authors expressly reserves the right to modify, supplement or delete sections of the Website’s pages, including, without limitation, the Information or the entire offer without specific notification or to suspend publication temporarily or entirely.
Use of your personal information submitted to or via the Website and/or for the purposes of and/or relating to your access to and/or use of the Website is governed by our and , which form an integral part of the Terms and Conditions.
The Website may, from time to time, contain references and/or links to and from the websites of our business partners and other third party websites of interest (the “Other Websites”). If you refer to or follow a link to any of the Other Websites, you will have left the Website, in which case you should note that we have no control over such Other Websites nor do we own and/or maintain them. Without prejudice to the “Limitation of Liability” section above, we shall have no responsibility and/or liability, and in any case do not accept and hereby disclaim any and all responsibility and/or liability, for the content and/or material provided on the Other Websites and for the protection and privacy of any information, including, without limitation, the personal data you provide whilst visiting the Other Websites. The parties that own and maintain and/or are associated with the Other Websites have full responsibility, whether civil or criminal, for the security, legality or reliability of their website’s contents and services, exclusive of any and all liability from our end.
The fact that we may contain references and/or links to the Other Websites does not imply any endorsement of/or association with such Other Websites operators or promoters or owners.
We expressly reserve the absolute right to amend, supplement or otherwise modify the Terms and Conditions or withdraw any part or the whole Website at any time without prior notice, and, if applicable, your continued use of and/or access to the Website after the date of any such amendment, supplement, otherwise modification or withdrawal shall constitute unconditional acceptance of the same by you.
The Terms and Conditions and any other document and policy referred to herein constitute the entire agreement and understanding between us and you relating to the subject matter hereof and supersede and extinguish any prior previous agreements, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between ourselves and yourself in connection with the subject matter hereof.
Each of the provisions of the Terms and Conditions is severable. If any such provision is or becomes illegal, invalid or unenforceable in any respect, the legality, validity or enforceability of the remaining provisions of the Terms and Conditions shall not in any way be affected or impaired thereby.
The Terms and Conditions shall be governed by the laws of Cyprus and any dispute arising as a result of or in connection thereto shall be subject to the exclusive jurisdiction of the Cyprus courts.
Nothing contained herein shall prevent us from bringing and/or initiating any court or arbitral or other legal proceedings to protect the Intellectual Property before any competent court in any forum.
All questions, suggestions and/or complaints should be sent by e-mail to the following email address: [email protected].
1.1 The Terms & Conditions are applicable to all reservations and/or bookings for Short-Term Rentals, entered into by and between the Company and a Customer in relation to the renting out and use of properties at the Ayia Napa Marina (as these terms are defined herein below).
1.2 In these Terms & Conditions, unless the context otherwise requires, the following terms shall have the meanings ascribed to them hereunder, namely:
“Acceptance Notice” means an automated notice sent by the Company to the Customer via email at the email that the Customer provided when completing and submitting the Reservation Application (as the term is defined herein below), including the reservation number, confirming the Short-Term Rental dates, the booking details, the type of rental and that payment of the Fee or Reservation Deposit, as applicable, has been received by the Company;
“Ayia Napa Marina” means all residential properties and/or premises and/or any other area located at the Ayia Napa marina, in Ayia Napa, Famagusta, Cyprus, that is used for residential purposes, including, without limitation, the East Tower complex, the West Tower complex, the island villas, the beach villas and peninsula villas as well as all areas thereof that are facilitating the use of the aforesaid residential areas, including, inter alia, car parks;
“Business Day” means a day other than Saturday, Sunday or public holiday during which banks and financial institutions are open for business in Cyprus;
“Company” means M.M. Makronisos Marina Limited, a company registered and validly existing under the laws of Cyprus with registration number 304821, and a registered office address at 52, Ayia Thekla, Ayia Napa, 5330 Ammochostos;
“Contract” means a contract for a Short-Term Rental, entered into by and between a Customer and the Company, comprising of the Acceptance Notice and the Terms & Conditions;
“Customer” means any person, whether natural or legal that has entered into a Contract with the Company;
“Fee” means the fee, as set out in the Acceptance Notice, payable by the Customer to the Company for the Short-Term Rental, which is inclusive of VAT, service charges and all other taxes and/or duties and/or levies applicable on short-term rentals in Cyprus;
“Force Majeure” means the onset, continuation and effect of any unforeseeable, irresistible event whatsoever beyond the control of the Company, including, inter alia, war, invasion, armed conflict and/or act of any foreign enemy, revolution, riot, insurrection and/or other civil commotion threat of and/or act of terrorism and/or sabotage, explosion, nuclear explosion, radioactive, biological and/or chemical contamination, national and/or country-wide strikes, working to rule, go-slows and/or lockouts, any effect of any act of God, including, without limitation, natural elements, lightning, fire, earthquake, flood, storm, cyclone, tornado and/or other adverse weather conditions and/or epidemic and/or pandemic and/or plague and/or any government and/or administrative act and/or act of any local authority;
“Gross Negligence” means any action or inaction by a person or party in reckless disregard or wanton indifference to the occurrence of harmful consequences that such person or party knew or reasonably ought to have foreseen or known would result from such action or inaction. “Gross Negligence” does not include failure to use such skill or take such care in performing the duties and obligations under the Contract as a reasonable prudent person qualified to perform such duties and obligations would in the circumstances use or take;
“Prospective Customer” means a person, whether natural or legal that has submitted a Reservation Application with the Company;
“Reservation Application” means a Short-Term Rental application in the form published in the Website (as the term is defined herein below), fully completed and submitted by the Prospective Customer to the Company;
“Reservation Deposit” means an amount equivalent to 30% (thirty percent) of the Fee;
“Short-Term Rental” means a rental of any premises and/or properties at the Ayia Napa Marina for a period of less than a calendar month;
“Terms & Conditions” means the present Ayia Napa Short-Term Rental terms and conditions, as may be amended and/or varied and/or supplemented and/or changed and/or replaced from to time to time by the Company in accordance with the terms hereof;
“Website” means https://www.marinaayianapa.com/ the official website of the Company;
“Wilful Misconduct” means a conscious wilful act or conscious wilful failure to act which is deliberately committed with the intent to cause harm or injury to persons or property.
1.2 In the event of contradiction(s) and/or discrepancy(ies) and/or conflict(s) between provisions of the documents comprising the Contract the order of priority and/or prevalence shall be as follows:
1.3 The Company shall have the right to alter and/or amend and/or vary at any time and from time to time, at its sole and absolute discretion, the Terms & Conditions as well as any other regulations and/or policies and/or rules applicable to Short-Term Rentals. Such amendments shall become effective and binding upon the Customer upon being published on the Website, and the Company shall have the same rights against the Customer for a breach of such amendments as if such amendments formed part of the Contract from the outset.
2.1 Each Customer making a reservation and/or booking at Ayia Napa Marina for a Short-Term Rental, shall be deemed to:
(a) have carefully read and fully understood the Terms & Conditions; and
(b) unconditionally, irrevocably, fully and finally agree to and be bound by the Terms & Conditions and any other terms that it may be provided with during the reservation and/or booking process.
2.2 A Prospective Customer, after consulting the Website for the purpose of confirming the availability of premises and/or properties at the Ayia Napa Marina during the Short-Term Rental period it wishes to stay thereat as well as the applicable, at the time, prices for such rentals, must:
(a) submit to the Company a duly completed Reservation Application setting out the dates of the Short-Term Rental and the type of premises and/or properties it has chosen; and
(b) pay in full to the Company the Reservation Deposit or the Fee, depending on the period lapsing between the date the reservation and/or booking is made and the date of the stay, as described in clauses 3.6 or 3.7, as appropriate, herein below.
2.3 Without prejudice to the provisions of clause 4.1 herein below, upon receipt of the Reservation Application by the Company and, in any event, not later than 2 (two) Business Days therefrom, the Acceptance Notice shall be sent to the Customer.
2.4 The Contract shall be formed upon acceptance of the Reservation Application by the Company through the Acceptance Notice and notification thereof to the Customer.
2.5 The Customer acknowledges and agrees that certain Ayia Napa Marina areas are still being developed and therefore there is a possibility of building work or construction work. Further, work may begin on a neighbouring property over which the Company has no control, nor is it given prior notice. The Company shall have the right, exercisable at its discretion and in the event of disruption caused by building work, to offer to a Customer a property of the same category at a different location within the Ayia Napa Marina. No further compensations of any nature shall be due to the Customer as a result of any such construction works and the Customer shall not claim and/or raise any claim and/or demand against the Company for any effect that the foregoing construction status of the Ayia Napa Marina may have upon his/her enjoyment of the property, and, without prejudice to the foregoing, hereby unconditionally and irrevocably, fully and finally waives any and all claims and/or rights to claim and/or demand that he/she may have against the Company in that regard
2.6 The property and/or premises reserved and/or booked shall be used by the Customer solely for holiday accommodation purposes.
2.7 1 (one) complete set of keys to the premises and/or property will be supplied to the Customer on arrival. A charge of €100 (one hundred Euro) will be effected for each set of keys not returned to the Company complete at the end of the Customer’s stay. In the event of the Customer locking himself/herself out, the Company reserves the right to charge a call out charge.
3.1 The applicable prices for a booking and/or reservation shall be those quoted in the Website. The Company reserves the right to amend the prices quoted in the Website in case of any clerical and/or technical error or omission in calculating and/or uploading the same thereat. In such circumstances the Company shall inform the Customer in writing via email as soon as it becomes aware of any such alteration in the Fee. The Customer shall, in the event where it does not agree to such alteration in the Fee, be entitled to cancel the reservation and/or booking within 5 (five) Business Days of being informed of such alteration in the Fee by the Company by sending the Cancellation Notice (as the term is defined herein below), and receive a full refund for all monies paid in respect of such reservation and/or booking in the debit/credit card the Customer used to effect the same. Non-cancellation of the reservation and/or booking by the Customer within the aforesaid period of 5 (five) Business Days from the date the Customer has been informed of such alteration in the Fee by the Company, shall be deemed as an acceptance by the Customer of such alteration and shall deprive the Customer of relying on the provisions of this clause 3.1 and in receiving a refund of any monies paid.
3.2 All Short-Term Rental fees are and shall, unless otherwise stated, be charged in Euros.
3.3 The following are included in the Fee:
(a) bedroom linen, bathroom towels & kitchen towels, crockery and cutlery;
(b) weekly pool cleaning in winter period or twice weekly pool cleaning in summer period;
(c) the following housekeeping services depending on the type of accommodation reserved and/or booked;
(i) all properties and/or premises receive cleaning and inspection prior to check-in;
(ii) apartments receive scheduled mid-stay clean with a change of towels and linens;
(iii) a departure clean is included and based on the understanding that the property shall be left tidy at the time of check-out. In the event that the above are not complied with, additional charges may apply ranging from €100 to €350 based the type of property and the level of cleaning needed;
(iv) the Company’s housekeeping team is at hand to provide extra cleaning services at an extra charge during the Customer’s stay, if requested.
(d) without prejudice to clause 6.9 herein below, utilities costs such as, water, gas and electricity;
(e) communal gym and swimming pool. Health and safety regulations are applicable at all outdoor including gym and swimming pool, whether communal or private. Please read all poolside signage featuring standard rules & regulations on use of such facilities;
(f) cost of use of any air-conditioning unit, however, the air-conditioning unit must only be used while the Customer is in the property, with all windows and doors kept closed at all times. Depending on the category of property, the Company has given a specific daily allowance and the details shall be available within each property. The Customer by completing and submitting the Reservation Application is acknowledging that he/she is aware of this facility, accepts the same and consents to any charges that may be applicable in case of exceeding such allowance in which case the Company shall charge the Customer’s credit/debit card accordingly;
(g) without prejudice to clause 6.9 herein below, internet access at the property and/or premises;
(h) one designated vehicle per booking. The vehicle shall be allocated a designated parking place for use during the Short-Term Rental.
3.4 Payment of the Reservation Deposit and the Fee, as applicable, shall be made to by a direct internet bank transfer to our designated bank account below: CY14018000060000200100366794 or by credit/debit card via online payment link.
3.5 Without prejudice and subject to the provisions of clause 3.1 hereinabove, unless the Customer extends its rental period or adds on any additional “extras” or moves reservation and/or booking dates, the price of the premises and/or property reserved and/or booked by the Customer shall not change following submission to the Company of the Reservation Application and the Acceptance Notice being sent to the Customer.
3.6 If a reservation and/or booking is made more than 8 (eight) calendar weeks prior to the commencement of the Short-Term Rental, the Customer shall, for the purpose of securing such reservation and/or booking, pay the Reservation Deposit, that shall be non-refundable, simultaneously with the submission of a duly completed Reservation Application. The balance of the Fee shall be debited to the Customer’s paying debit/credit card 4 (four) weeks prior to the commencement of the Short-Term Rental. In the event where the debiting of the Customer’s paying debit/credit card 4 (four) weeks prior to the commencement of the Short-Term Rental fails for any reason whatsoever, the Customer shall be deemed as in breach of the Contract resulting to the automatic termination thereof and the Reservation Deposit shall be retained by the Company as compensation for such breach.
3.7 If a reservation and/or booking is made less than 8 (eight) calendar weeks prior to the commencement of the Short-Term Rental, the Customer shall pay the full Fee simultaneously with the submission of a duly completed Reservation Application. In such a case the Acceptance Notice shall not be sent to the Customer unless and until the Fee clears into the bank account of the Company.
4.1 The Company shall exercise every effort to meet any special requests of the Customer communicated at the time of booking through the Reservation Application that do not entail any additional costs and/or expenses for the Company. Such special requests constitute an indication of preference and their satisfaction and/or fulfilment cannot be guaranteed by the Company. Special requests that entail additional costs and/or expenses for the Company shall be satisfied by the Company subject to payment of such additional costs and/or expenses by the Customer to the Company.
4.2 The Customer has the right, subject to the provisions of clauses 4.2, 4.3 and 4.4 herein below, to request to change the dates of the reservation and/or booking and/or type of premises and/or property reserved and/or booked after receipt of the Acceptance Notice via sending to the Company an appropriate email to that effect (hereinafter the “Change Request”). The Company shall, subject to availability and the provisions of this clause 4.2, exercise every effort to accommodate the Change Request, however satisfaction of any Change Request cannot be guaranteed. The Company reserves the right to charge an administration fee equivalent to 10% of the overall booking fee with a minimum amount of €100(one hundred Euro) in the event of satisfaction of a Change Request in addition to any:
(a) difference in prices as a result of the reservation and/or booking falling to a higher rate rental period and/or concerning a more expensive property;
(b) commission losses; and/or
(c) costs levied by any supplier of the Company,
as a result of the Change Request. Upon payment of such costs and/or fees referred to in this clause 4.2 by the Customer, the Acceptance Notice depicting the change in the dates of the reservation and/or booking shall be sent to the Customer and the Contract shall be deemed as amended to reflect those. Failure of the Customer to pay such additional costs and/or fees referred to in this clause 4.2 shall result to an automatic cancellation of the reservation and/or booking.
4.3 Any new reservation and/or booking resulting from a Change Request should be for dates and/or premises and/or properties the Fee of which is equivalent to or greater than the original Fee.
4.4 The right afforded to the Customer under clause 4.2 to submit a Change Request to the Company shall only be exercisable once for a given reservation and/or booking. Consequently if, following satisfaction of a Change Request, a second Change Request is submitted by the Customer, the reservation and/or booking shall be deemed as cancelled.
4.5 Any request to cancel a reservation and/or booking must be made in writing to the Company (hereinafter the “Cancellation Notice”). Receipt by the Company of a Cancellation Notice:
(a) more than 4 (four) calendar weeks prior to the check-in date shall allow the Customer the right to utilise the Reservation Deposit for another Short-Term Rental that shall be booked and completed within a period of 6 (six) calendar months from the date of the Cancellation Notice. In the event that the Customer does not exercise its right to utilise the Reservation Deposit as aforesaid, the Reservation Deposit shall be retained by the by the Company as compensation and/or to cover any costs and/or expenses associated with such cancellation;
(b) less than 4 (four) calendar weeks prior to the check-in date or during a Customer’s stay, shall result to the full Fee being retained by the Company as compensation and/or to cover any costs and/or expenses associated with such cancellation.
4.6 Most alterations or changes by the Company to confirmed holiday arrangements would be minor in nature, including, for instance and without limitation, small changes in inventory to the extent necessary due to, for example, breakage by previous customers. The Company shall exercise reasonable endeavours to inform the Customer in advance of such alterations and/or changes. In the unlikely event that the Company must withdraw, cancel or provide alternative accommodation for a confirmed reservation and/or booking, the Customer shall be offered the option to reside in another property at Ayia Napa Marina (subject to availability) with the price difference payable/refundable as appropriate, or of receiving a refund of all monies paid to the Company. Apart from what is stated in this clause 4.6, the Company shall not be liable to pay any further compensation of any nature or kind to the Customer in such a case.
5.1 The Short-Term Rental should be less than a month and should be of a minimum of:
(a) 2 (two) nights for reservations and/or bookings for apartments in the Tower East for the months of November to April;
(b) 3 (three) nights for reservations and/or bookings for apartments in the Tower East for the months of May, June and October;
(c) 5 (five) nights for reservations and/or bookings for apartments in the Tower East for the months of July, August and September;
5.2 The maximum number of persons permitted to stay in any bedroom of any property of the Ayia Napa Marina shall be 2 (two) plus 1 (one) infant in a cot.
5.3 Any property and/or premises reserved and/or booked at the Ayia Napa Marina shall be for the exclusive use of the persons named on the Reservation Application only and no other person(s) are permitted to use such property and/or premises. Any changes to the people and/or number of people staying in any property and/or premises rented under the Terms & Conditions must be communicated in writing by the Customer to the Company not later than 7(seven) Business Days prior to the check-in date and the Company has absolute discretion to refuse or accept such changes. Any persons found to be occupying a property and/or premises when not specifically named on the Reservation Application or permitted to do so by the Company, shall constitute a breach by the Customer of the Contract resulting to automatic termination thereof with the Customer and guests requested to depart and vacate the property and/or premises immediately. The Company shall retain in such case the Fee and shall not be liable for any related costs or expenses resulting incurred by the Customer as a result of renting any alternative accommodation.
5.4 Unless otherwise agreed in writing with the Company, the Customer can check-in from 1400 HRS onwards on the arrival date and shall check-out no later than 1200HRS on the departure date. The Customer shall have the right to request permission for late or early check-in or check-out only through the Reservation Application. The Company shall, at its sole discretion and calendar permitting, refuse or accept any requests for late or early check-in or check-out and reserves the right to charge extra in case of acceptance thereof.
6.1 Customers are expected to use the properties and/or premises reserved and/or booked and everything within as well as the facilities thereof with care and are requested to report to the Company any accidental damage to a property and/or premises at the time of incident.
6.2 It is the Customer’s responsibility to ensure that he/she and any guests of him/her do not behave in a way that may cause offense or danger to other Ayia Napa Marina guests or owners, or which risks damage to the property and/or premises reserved and/or booked.
6.3 No parties or events are allowed at any property, nor is it permitted for any speaker/amplified music of any type to play anywhere at the Ayia Napa Marina at any time.
6.4 The Customer agrees:
(a) to keep general noise to a minimum and respect his/her neighbours at all times especially from 2200 to 0800 HRS;
(b) not to cause nuisance or annoyance to occupants of any nearby property, not to use the property for any illegal or immoral purpose and not to bring with them any inflammable fluids or other explosives or articles deemed hazardous to life or property;
(c) to fully comply with and abide by any and all management rules applicable from time to time as regards the property and all other policies and/or rules and/or regulations that are and/or shall be from time to time applicable as regards the Ayia Napa Marina, as those shall be communicated by the Company to the Customer at check-in;
(d) not to smoke in the properties and/or premises;
(e) not to use and/or consume or allow the use and/or consumption at the property of any drugs and/or any other substance which are or become during the duration of the Short-Term Rental illegal, prohibited or restricted by applicable law;
(f) not to remove any of the furniture, fixtures and/or fittings from the property and/or store any of the furniture, fixtures and/or fittings in any way and/or place them inside or outside the property, which could lead to damage thereto;
(g) not to bring pets in the premises and/or property and/or in any communal areas including gym and swimming pool without the Company’s prior written consent. Should the Customer brings a pet without the Company’s prior written consent, the Company reserves the right to charge extra the Customer’s account;
(h) to pay for any damage or loss howsoever caused (excluding reasonable wear and tear) during the occupation of the premises and/or property by him/her and/or for any additional cleaning required as a result of the use of the property by the Customer. All breakages and any damage must be reported to the Company before the end of the Short-Term Rental. The Customer acknowledges and agrees that the credit/debit card number given on check-in shall be charged accordingly in case of any damages. The allocated property is inspected prior to arrival and if, upon arrival, any items checked are not in order, the Customer should report this to Guest Services (Reception) within 24 hours of arrival. The property will be re-inspected for any damage and need for extra cleaning on the departure day of the Customer. The Company reserves the right to request for a refundable amount against damages and extra cleaning need based on the type of property, upon check-in; if no damages are identified and no extra cleaning is required by the inspection team, such deposit amount shall be released 5 (five) Business Days from the departure of the Customer. If damage caused results in the property being unfit for occupation to subsequent guests/customers, the Customer shall be liable for the loss of rental income and any other related losses.
6.5 Children are the sole responsibility of parents/guardians and must never be left unattended and they are to be supervised at all times; parents/guardians are urged to take extra care with balconies and swimming pools as regards their children. If the Customer requires any child safety equipment (e.g. pool fencing, stair gates etc.) the Company’s reservations team must be consulted prior to arrival. Pool fencing is subject to availability at the time of booking. Parents are responsible for the actions of their children at all times. Neither the Company nor its agents or employees accept any liability whatsoever in the event of an accident. Customers are advised to be vigilant & keep their family safe at all times.
6.6 Customers are urged to ensure that personal possessions are packed when departing the property and/or premises. Whilst the Company endeavours to assist when items are lost or are left behind, unfortunately it is unable to guarantee the return of any items which have been left unattended and will not be liable for any items lost or damaged. Postage, packaging and handling fees may be applied for the return of lost or left-behind property. Customers should avoid leaving valuables or cash prominently displayed within a property and always ensure that all windows and doors are locked prior to leaving the property. There is a safe box for free use in all properties, and Customers are urged to use this at all times.
6.7 If the Company is of the view that the Customer has rendered himself/herself unsuitable to continue his/her occupation of the premises and/or property because of unreasonable behaviour, damage, nuisance to other parties or breach of any of the provisions of the Terms & Conditions, the Contract may be terminated by the Company with immediate effect and the Customer will be asked to leave immediately. In such a case the Fee shall be withheld by the Company and shall not be refunded and the Customer shall be liable to reimburse and indemnify the Company for any damage or disruption caused as a result of his/her behaviour or the behaviour of his/her guests and/or children.
6.8 Properties can be affected, albeit rarely, by water or electricity shortages as the supply thereof can be cut off without notice for varying periods of time. These utilities are provided by the municipality and Electricity Authority of Cyprus (EAC) and so these infrequent situations are out of the Company’s control. Albeit the Company will take every step necessary to ensure that these infrequent issues do not cause inconvenience and discomfort to the Customer, the Company bares no liability for such instances and therefore no compensation either monetary or otherwise shall be offered, however if deemed necessary, at the Company’s sole discretion, alternative accommodation may be provided. Although all properties offer Wi-Fi connection, the Company cannot be held responsible for any temporary failure of this facility.
From time-to-time various discounts will be offered on properties in the Company’s portfolio. The Fee payable by the Customer shall the advertised price of the property at the time of booking. Furthermore, if the Customer is a repeater guest of Ayia Napa Marina, the Customer shall be allowed a discount at the discretion of the Company, however the repeater discount cannot be combined with any other offers.
8.1 This clause sets out the Company’s entire financial liability (including any liability for the acts or omissions of its employees, agents, consultants and subcontractors) to the Customer in respect of any breach of this Contract by the Company.
8.2 The Company accepts no liability or responsibility whatsoever towards the Customer or any guest of the Customer or any third party for any damage, loss, destruction, or harm caused to persons or property due to any act or omission attributable to the Customer or any guest or child of the Customer or anyone acting under the Customer’s instructions or authority in relation to the rental. The Customer shall bear exclusive liability and responsibility for all such claims.
8.3 The Customer shall indemnify and keep the Company, its officers, employees, contractors, subcontractors, agents, consultants and other representatives (hereinafter the “Indemnified Persons”) indemnified and harmless from and against all losses, liabilities, criminal and/or civil, harms, injuries, death, damages, costs, charges, expenses whatsoever, including, without limitation, attorney fees, arising, directly or indirectly, through, inter alia, claims, demands, proceedings and/or other actions incurred by, or instituted against any of the Indemnified Persons out of or in connection with any act or omission of the Customer and/or the Customer’s guests, except to the extent that such loss, damage costs, claims, demands or proceedings resulted directly and solely by the Gross Negligence and/or Wilful Misconduct of the Company and/or its officers and/or employees and/or agents and/or representatives and/or contractors and/or subcontractors and/or consultants.
8.4 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this Contract. Nothing in this Contract limits or excludes the liability of the Company for:
(a) death or personal injury resulting from negligence; or
(b) liability incurred by the Customer as a result of fraud or fraudulent misrepresentation of the Company; or
(c) any other liability which cannot be excluded or limited under applicable law.
8.5 Unless otherwise provided herein, the Company shall not be liable for loss of profits, loss of business, loss of anticipated savings, loss of use of the property or any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses in respect of the reservation.
8.6 The Company’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of the conditions of this Contract shall be limited to the monies paid in respect of the Customer’s reservation under the conditions of this Contract.
8.7 To the extent applicable, the Customer’s vehicle or the vehicle of any third party visiting the Customer at the property during the period of the Short-Term Rental is left in the car park of the Ayia Napa Marina entirely at the risk of the owner of the vehicle.
If by reason of Force Majeure, the property is not available at the commencement of the time booked by the Customer or at any time during the Short-Term Rental or the property is unsuitable for letting at that time, the Company shall not be at breach of the Contract or be deemed to be in breach of the Contract but shall refund in full to the Customer the Fee and/or all monies paid in advance by the Customer. Apart from the foregoing, the Company shall not be liable towards the Customer for any other claim for loss or damage.
The Company ensures and undertakes compliance with all applicable personal data protection laws currently in force including, without limitation, the General Data Protection Regulation (EU) 2016/679. The Company undertakes to use the data and information provided to it for or in connection with the Contract solely for the performance of obligations hereunder, and the Company is expressly prohibited from using them for any other purpose or in a manner that contradicts the relevant applicable laws.
These Terms & Conditions shall be governed by, construed and enforced in accordance with the laws of Cyprus, without regard to its conflicts of law rules and any dispute or claim arising out of or in connection with the Agreement shall be subject to the exclusive jurisdiction of the Cyprus courts.
