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General Terms and Conditions (GTC) for the rental of NiMax Residence
VACATION RENTAL TERMS AND CONDITIONS
By booking the holiday residence NiMax Residence, Navarino Dunes, T1.16 (the "Residence"), as detailed in Schedule 1, you (the "Tenant(s)") are entering into a short-term vacation rental agreement with the owner, NikMax Real Estate ΜΟΝΟΠΡΟΣΩΠΗ Α.Ε., Leoforos Syggrou 76, GR-117 42 Athens (the "Owner"). These General Terms and Conditions apply to all rental contracts concluded between the Owner and the Tenant and are subject to the provisions of the applicable Regulations, these terms and conditions, and all relevant laws of Greece.
1. PERMITTED USE, CHECK-IN AND CHECK OUT
1.1 Permitted Use
The Residence may only be used by the Tenant(s) and Occupants as short-term vacation accommodation (and not as a home or residence) and in accordance with the Agreement and may not be used for any other purpose (e.g. business events, receptions, parties etc).
1.2 Check-In
Upon arrival, the Tenant(s) shall inspect the Residence to confirm its condition and shall execute a protocol of delivery, in the form specified by the Service Provider on behalf of the Owner, in respect of the Residence and its contents (including the furniture, fixtures, electrical and electronic appliances, appurtenances, and other equipment) ("Contents"). If the Tenant(s) find on arrival that the Residence is not in satisfactory condition, they should immediately refer this to the Owner or the Service Provider. To the extent there the Tenant(s) notify any damage or defect, the Owner shall or shall procure that the Service Provider shall take steps to arrange a remedy or repair within a reasonable time.
1.3 Check-Out
(a) Prior to departure the Tenant(s) shall be present at the inspection of the Residence and its contents by the Service Provider and shall execute a protocol of delivery, in the form specified by the Service Provider on behalf of the Owner.
(b) The Check-out time is as stated in the Agreement Details, or as notified to the Tenant(s) by the Owner or any authorised representative of the Owner. Unless the Tenant(s) has agreed a late Check-out at the time of the booking or has agreed a booking modification with the Owner or the Owner's Representative, the Tenant(s) will be responsible for any additional fees for overstaying.
(c) If the Tenant(s) overstays by more than 2 hours, the Owner reserves the right (directly or through the Service Provider) to enter the Residence and remove the belongings of the Tenant(s) and their guests and take any such further action as may be necessary at the cost of the Tenant(s).
2. TENANT OBLIGATIONS
2.1 Number of guests
The maximum permitted occupancy of the Residence is set out in the Agreement Details. Tenant(s) must notify the Owner of the names of all the occupants of the Residence 15 days prior to the Rental Start Date ('including the Tenant(s), "the Occupants") and advise the Owner in writing of any changes thereafter. If the Residence is at any time occupied by more people than the maximum permitted occupancy, the Owner shall be entitled to require that the additional persons leave the Residence immediately. If the Tenant(s) fails to comply with this request within 6 hours, the Owner shall be entitled to terminate this Agreement with immediate effect and require all Occupants to vacate the Residence without further notice.
2.2 Pets and allergies
The Tenant(s) will not permit any pets of any description in the Residence, unless agreed otherwise in writing.
2.3 No Smoking
Smoking is not allowed in any indoor areas of the Residence. If any Occupant is found by the Owner to have violated this smoking policy, the Owner may charge the Tenant(s) an additional charge of five hundred euros (€500) per night for the period of rental together with additional cleaning costs. In the event of repeated breaches, the Owner shall be entitled to terminate the Agreement on 6 hours' notice.
2.4 Noise and other disturbances
The Tenant(s) shall not and shall ensure that no other Occupant shall do or permit to be done anything which may be or become a nuisance, damage or disturbance to the neighbouring buildings or their users and shall take all necessary actions to avoid any noise or vibrations at the Residence. The use of any audio reproduction and/or transmission by any of the Occupants will be such that the volume does not exceed the limits provided by law and does not disturb the other users of the Romanos I.T.D.A.
All Occupants must comply with the quiet hours’ requirements under Greek law.
The Occupants may occasionally experience noise from the various activities within Romanos I.T.D.A and the immediate area for which the Owner may not be held accountable. Any concerns should be notified to the Owner or the Service Provider on behalf of the Owner who will endeavour to address the matter to the extent it is disturbing the use of the Residence and the Owner has any rights to contain the activities causing the disturbance.
2.5 Swimming pool
The use of the swimming pool by any Tenant(s) and/or any of the other Occupants shall be at their own risk. Persons under the age of 18 are not allowed around the pool area or in the pool itself without the supervision of an adult. The Tenant(s) acknowledges that Owner does not provide the services of a lifeguard for the swimming pool at the Residence and, therefore, it is the responsibility of the Tenant(s) to hire one during their stay if required.
2.6 Maintenance and Safety
The Tenant(s) shall ensure the Residence is kept clean, tidy and clear of rubbish (which shall be stored as directed) and ensure that safety, parking and requirements relating to use of the surrounding roads and access are observed by all Occupants. No obstruction shall be caused outside of the Residence and no furniture will be moved from its original position and/or room within the Residence. The Tenant(s) shall permit access to the cleaning staff at all reasonable times to fulfil the services set out in the Agreement Details.
2.7 Condition of Residence
The Tenant(s) shall use and ensure that all Occupants use the Residence in a responsible manner and that the Residence and its Contents are returned in substantially the same condition as they had been received by them. The Tenant(s) shall be responsible for all damage to the Residence and Contents during the period from Check-in and Check Out, see paragraph 7 below regarding the Security Deposit.
3. LIABILITY
3. 1 The Tenant(s) acknowledge that the Owner and its employees, agents and service providers have no liability to the Tenant(s), the Occupants or any third party for:
(i) any accidents or injuries that may occur at any part of the Residence, subject always to liability for death or personal injury which may not be excluded by law;
(i) any accidents or injuries that may occur at any part of the Residence, subject always to liability for death or personal injury which may not be excluded by law;
(ii) for the loss or damage to any of the Occupant's valuables during their stay at the Residence;
(iii) any services provided by third parties (including the Service Provider) at the request of the Tenant(s) or Occupants; or(iv) any refund of any nature whatsoever for early termination or the removal of any Occupants or their possessions as a result of the any breach of the Agreement.
3.2 Where the Tenant(s) are more than one party, they shall be jointly and severally liable for fulfilling all the obligations of the Tenant(s) under the Agreement.
4 CANCELLATION POLICY
To be effective any notice of cancellation given by the Tenant(s) shall be given in writing to the Owner's agent signed by the Tenant(s) and delivered or emailed to the Address for Notice contained in the Agreement Details. Any email notice shall be deemed received on the next business day after it has been sent.
If the Tenant(s) (i) cancels the booking less than 30 days prior to the Rental Start Date Check-in; (ii) does not use the Residence for the full reservation period; or (iii) fails to pay the full balance of the rent due at least 30 day prior the Rental Start Date, they will not be entitled to a refund of any costs, Rent Security Deposit or any other sums paid.
5 ACCESS TO RESORT FACILITIES AND ADDITIONAL SERVICES
Subject to availability and compliance with the terms of and rules governing use thereof, the Occupants may have access to all services, facilities and food and beverage outlets of Navarino Dunes® on payment of all applicable fees and charges. Further details will be available on Check-in. The access to Navarino Dunes® and any additional services referred to herein are provided by third parties independently of the Owner.
The Tenant(s) or the other Occupants may request that the Service Provider provide or arrange additional services at the Residence not set out in the Agreement Details for which an additional charge will be payable in advance. Subject to availability, such services may include catering services, babysitting services, private chef services, laundry services, supply with daily provisions, spa and yoga private sessions, transportation services from and to the airport, daily excursions etc and, where provided by a third party will be a direct arrangement between the relevant Occupant and the third-party supplier.
The Tenant(s) will be asked to present a valid credit card at Check-in as a guarantee for and to facilitate the payment of any extra charges for the above services. Any additional services may be rendered either by the Service Provider or by third parties to be designated by it.
6 INSURANCE
6.1 The Tenant(s) acknowledge that: (a) any insurance policy held by the Owner in relation to the Residence does not cover the personal belongings of any of the Tenant(s) or any other Occupant; and (b) they and each of the Occupants should take out appropriate insurance policies to cover their belongings and other risks incurred as a result of their occupation of the Residence.
7 DAMAGES - SECURITY DEPOSIT
7.1 The Residence shall be inspected by Owner (or the Service Provider on behalf of the Owner) at the beginning and at the end of the rental period. The Tenant(s) shall be liable to the Owner for (and shall indemnify the Owner against) any damage to the Residence and the Contents that may occur during the period of rental. Any damage to the Residence or its Contents must be immediately reported by the Tenant(s) to Owner or the Service Provider. Any claim by the Owner in respect of any damage (irrespective of whether it has been reported or not) can be made up to 14 days from the end of the rental period, unless such damage is caused by the negligence or wilful conduct of any of the Tenant(s) and/or any of the other Occupants of the Residence in which case a claim may be brought even after the lapse of the above 14 day period.
7.2 The Tenant(s) shall pay the amount specified as security in the Agreement Details for the proper execution of their obligations under this Agreement (the "Security Deposit"). The Security Deposit shall be collected from the Tenant(s) by the Owner or the Owner's agent on behalf of the Owner. Upon departure of the Tenant(s), at the end of the rental period, the Owner shall refund or arrange the refund to the Tenant(s) an amount equal to the Security Deposit (without interest), after deduction of any amounts required to cover the cost of any damage or missing items, including theft of any Contents from the Residences. Any amounts so deducted from the Security Deposit shall be forfeited by the Tenant(s) and paid to the Owner.
8 FORCE MAJEURE
8.1 If completion of the rental is made impossible by reasons of force majeure, which may be, by way of indication and without limitation, any one or more of the following events or circumstances: fire, earthquake, storm or other casualty; strikes, lockouts, or other labour issues that result in disruption of provision of services; war, rebellion, riots, acts of terrorism or other civil unrest; acts of God or of any government; disruption to local, national or international transport services; pandemics, epidemics, quarantine or any other public health restrictions or public health advice, or any other events of force majeure, which were not foreseeable at the time when the Agreement was entered into, the Owner shall be entitled to terminate the Agreement without fault. Where such an event means the Residence cannot be occupied and alternative accommodation with similar facilities is not available, a refund will be made.
9 ASSIGNMENT
The Tenant(s) may not, without prior consent from the Owner, assign any of their rights and obligations under this Agreement or further sub-let or grant the use of the Residence to any third party.
10 VARIATIONS
No variation of this Agreement shall be valid unless it is agreed in writing and signed by or on behalf of each of the parties to this Agreement.
11 ENTIRE AGREEMENT
This Agreement represents the entire agreement between the parties and supersedes any previous marketing information, representations or agreements whether recorded in writing or otherwise.
12 AGENCY
To the extent the Owner's Agent enters into this Agreement or holds the Deposit or any other monies it does so on behalf of the Owner and shall transfer the same to an account of the Owner if so requested by the Owner.
13 DATA PROTECTION
13.1 The Owner and the Tenant agree to fully comply with all applicable data privacy laws, including but not limited to the General Data Protection Regulation (Regulation EU 2016/679) and Law 4624/2019 (together "GDPR") in relation to any aspect of this Agreement to the extent personal data of any kind are hereby exchanged. Both parties shall implement comprehensive procedural, technical and organisational measures to protect data in their possession against unauthorised or unlawful access, use, disclosure, destruction, loss, or alteration.
13.2 To the extent that the Service Provider and/or the Owner's Agent are also involved in the processing of personal data for the purpose of performing this Agreement, they shall also comply with all applicable data privacy laws.
14 TERMINATION
14.1 Where the Tenant(s) or any other Occupant of the Residence:
(a) behaves in a manner that poses or could pose a risk, causes disturbance, damage to the Residence;(b) breaches this Agreement; or(c) breaches the Operating Regulation of C.T.A. I, the Joint Ownership and Operation Regulation of the Romanos Section of the I.T.D.A. and/or the applicable law,
the Owner shall be entitled to terminate this Agreement with immediate effect, in which case the Tenant shall be obliged to vacate the Residence immediately, without receiving any refund or compensation and without prejudice to any other right that the Owner may have against the Tenant(s) and/or the other Occupants.
15 GOVERNING LAW - JURISDICTION
This Agreement is governed by the laws of Greece. Any dispute that may arise in connection with this Agreement or the rental of the Residence shall be referred to the exclusive jurisdiction of the courts of Athens, Greece.
SCHEDULE 1 – DESCRIPTION OF THE RESIDENCE
The Residence is part of Composite Tourism Accommodation I, which is located within the Romanos Section of the Integrated Tourism Development Area of Messinia (hereinafter referred to as the "I.T.D.A."), also known as Navarino Dunes®.
