Table of Contents

1. Subject Matter and Scope of Application

2. Offer, Booking and Conclusion of Contract

3. Right of Cancellation

4 Payment

5. Withdrawal and Cancellation

6. Arrival and Departure

7. Guest Registration in Spain

8. Data Protection

9. House Rules

10. Smoking Ban

11. Pets

12. Use of the Holiday Rental

13. Access to Community Pools

14. Use of the Internet/WLAN

15. Limitation of Liability

16. Liability of the Guest

17. Changes to the Terms and Conditions

18. Final Provisions

1. Subject Matter and Scope of these Terms and Conditions

(1) These Terms and Conditions (T&C) apply to all business relationships between you (hereinafter referred to as ‘you’ or ‘guest’) and MyViewApartment (hereinafter referred to as ‘we’ or ‘us’) with regard to the booking and rental of holiday apartments in the province of Málaga, Spain. The current version at the time of the conclusion of the contract is applicable.
(2) Our Terms and Conditions apply exclusively. We do not recognise any terms and conditions that contradict or deviate from these T&C that you may use, unless we have expressly agreed to their validity in writing or in text form.

2. Offer, Booking and Conclusion of Contract

(1) The prices stated on our website, on booking portals (such as AirBnB, Booking or FeWo, etc.) or in other booking tools do not constitute a legally binding offer, but merely an invitation to book.
(2) By completing the booking process, you submit a binding offer to conclude a contract. The contract is effectively concluded upon our acceptance of the offer. The acceptance of the contract and thus the effective conclusion of the contract takes place electronically by ‘booking confirmation’ via the booking portal or, if you book via our website, by e-mail. A confirmation of receipt of your booking does not constitute the conclusion of a contract.
(3) You have the option of viewing and printing out the text of the contract (these T&C) during the booking process and before the contract is concluded. Use the print function of your browser for this purpose. Before finalising the booking process, you will be shown all the data provided and can make any necessary corrections.
(4) There is no entitlement to the conclusion of a contract. We reserve the right to refuse any booking without giving reasons.

(5) Booking enquiries made via other communication channels, such as social media, WhatsApp, telephone, etc. will not be considered by us.
 

3. Right of Cancellation

Please note that according to § 312g No. 9 of the German Civil Code there is no right of cancellation for distance selling contracts for the provision of accommodation services.

4. Payment

(1) The possible payment methods (e.g. credit card, Paypal or bank transfer) may vary depending on the booking portal. The available payment methods will be displayed during the booking process.
(2) The terms of payment, such as due dates, amount and deadlines for down payment and remaining amount or non-payment, of the respective booking portal of your choice (such as AirBnB, Booking, FeWo) apply.

(3) You will receive your invoice via the respective booking portal, usually by e-mail as a PDF document. The invoice amount is due immediately upon receipt of the invoice and must be paid within the period specified in the invoice.
(4) For bookings made via our website and where the stay begins more than 3 months after the booking date, a deposit of 30% of the total amount is required. The balance of 70% must be paid no later than 4 weeks before arrival.

(5) Your booking becomes valid upon receipt of the deposit.

(6) If payment deadlines are not met, we may withdraw from the contract. Your non-payment shall be deemed to be a declared cancellation and shall entitle us to re-let the accommodation.

5. Withdrawal and Cancellation

(1) In the event of withdrawal or cancellation, you are obliged to pay part of the agreed price as compensation. The cancellation conditions of the respective booking portal (e.g. AiBnB, Booking) apply.

(2) Your withdrawal or cancellation must be made in writing.

(3) The amount of compensation depends on the time up to the day of arrival and is generally calculated as follows:

• Up to 28 days before the day of arrival: free of charge
• Up to 14 days before the day of arrival: 25 % of the invoice amount
• Up to 7 days before the day of arrival: 50% of the invoice amount
• In the event of later cancellation or no-show: 100% of the invoice amount

6. Arrival and Departure

(1) Arrival is possible from 14:00.
(2) Departure must take place by 13:00 at the latest.
(3) Before your arrival and before your departure you will receive detailed instructions and information from us to make your stay as pleasant as possible.

(4) If, exceptionally, the holiday rental cannot be occupied punctually at 14:00 on the day of arrival, you have no claims for compensation or damages against us.

(5) If you wish to depart later than 13:00 on the day of departure, this is only possible after prior agreement and written confirmation by us. Costs arising from a late departure without prior agreement will be charged.

(6) If you do not show up on the day of arrival, the booking is deemed cancelled after a period of 48 hours without notification to us and we can then freely dispose of the holiday rental.

(7) A (pro rata) refund due to early departure will not be made.

(8) The holiday rental must be left swept clean on the day of departure. The crockery, glasses, etc. must be cleaned and put away, the rubbish bins emptied and the fridge emptied. If the holiday rental is not left swept clean, you may be charged for the additional cleaning costs.

7. Guest Registration in Spain

(1) In accordance with the legal requirements of the Spanish government, in particular Royal Decree 933/2021, we as hosts are obliged to collect and transmit certain personal data of all guests, including children, to the Spanish Ministry of the Interior.
(2) The data to be collected by us includes:

• Type of identity document (e.g. passport or identity card)
• Number of the identity document
• First name and surname (for Spanish citizens also the second surname)
• Date of birth
• Residential address (full address, city and country)
• Telephone number or e-mail address
• For children under 14 years of age: Details of the relationship between the child and the accompanying person

(3) For registration, we provide you with a special tool from a third-party provider that you can use to securely transmit your data directly to the Spanish Ministry of the Interior. You will find the provider's data protection information in the tool and linked on our website under the section ‘Info Guest Registration’. Alternatively, you can send us your data securely via the message function of your chosen booking portal (e.g. AirBnB or Booking).

(4) The transmission of your data must take place before check-in or at the latest within 3 hours after check-in. If you do not provide the required data, we are legally obliged to cancel your booking. In this case, cancellation fees may apply in accordance with section 5 of these T&C.
(5) Your data will be processed securely and transmitted exclusively to the Spanish Ministry of the Interior. If you send your data directly to us, it will be stored on a secure server in Germany for the legally required period of 3 years and then deleted. If you cancel your booking, your data will be deleted immediately.
(6) Further information on guest registration and data protection can be found on our website under the section ‘Info Guest Registration’.

8. Data Protection

(1) We process your personal data exclusively within the framework of the statutory provisions and insofar as this is necessary for the provision of our services.
(2) Your personal data will only be passed on to third parties if this is necessary for the provision of our services (e.g. guest registration).
(3) Further information on data protection can be found on our website under the section 'Data Protection'.
 

9. House Rules

(1) Smoking is strictly prohibited in all holiday rental apartments. See also section 10 of these T&C.
(2) Pets are not allowed. See also section 11 of these T&C.
(3) The holiday rental may only be used by the number of persons stated in the booking.
(4) The guest undertakes to treat the holiday rental with care and to notify us immediately of any damage that occurs during their stay.

(5) The inventory of the holiday rental is exclusively intended to remain in the holiday rental. Moving furnishings, in particular beds, sofas and tables, is prohibited. The installation and/or attachment of materials for decoration or similar in the holiday rental is not permitted. The guest is solely liable for any decorations or similar that are nevertheless installed and/or attached and is also obliged to compensate for any damage caused by the installation and/or attachment of decorations or similar.

(6) For the duration of the rental of the holiday apartment, the guest is obliged to keep windows and doors closed when leaving the apartment. The guest undertakes to leave the holiday rental in an orderly condition, especially on departure. See also section 6 of these T&C.

(7) In the event of non-compliance with the house rules or use of the holiday rental in breach of contract, such as subletting, over-occupancy, disturbance, etc., we may terminate your stay prematurely. In this case, you are not entitled to a refund of any amounts already paid.

(8) We have the right of access to our holiday rentals at any time, especially in the event of imminent danger. It goes without saying that we will give due consideration to the legitimate interests of our guests when exercising the right of access. We will inform you in writing in advance when exercising the right of access, unless this is unreasonable or impossible in the circumstances of the individual case.

10. Non-Smoking

(1) Smoking is strictly prohibited in our holiday rentals. Smoking is not permitted in the rooms, on the balconies or directly in front of the doors of the apartments. This ban serves to protect all guests and residents and to maintain a pleasant and clean living environment.
(2) A contractual penalty of EUR 150.00 will be charged for violations of the smoking ban. Should smoking in the holiday rental result in additional cleaning costs or replacement purchases become necessary, the actual costs will be charged. These shall amount to at least EUR 500.00 for cleaning and may be correspondingly higher if replacements are necessary.
(3) The guest is liable for all damage caused by smoking, including but not limited to cleaning costs, replacement of damaged furniture, textiles or other furnishings, costs for restoring the holiday rental to a smoke-free condition.
(4) We reserve the right to terminate your stay prematurely if you violate the smoking ban. In this case, you are not entitled to a refund of any amounts already paid.
(5) With your booking, you expressly agree to the smoking ban and the consequences mentioned in the event of violations.

11. Pets

(1) The accommodation of pets of any kind in our holiday rentals is only permitted with our prior written consent.

(2) If pets are accommodated without our prior written consent, a contractual penalty of EUR 25.00 will be charged. In addition, costs arising from additional cleaning work of up to EUR 500.00 will be charged.

12. Use of the Holiday Rental

(1) The apartment may only be used by the persons specified in the booking. If the apartment is used by more persons than agreed, a separate charge of EUR 10.00 per person and night is payable for each additional person. In this case, we reserve the right to cancel the contract without notice.

(2) Subletting or the transfer of the flat to third parties is not permitted. The guest agrees to these T&C and the house rules of the holiday rental. This declaration of consent is made with the payment of the rental price.

(3) In the event of violations of the T&C or the house rules, we are entitled to terminate the tenancy immediately and without notice. In this case, there is no legal claim to repayment of the rent or compensation.

13. Access to Community Pools
(1) Guests have access to the community pools of the residential complex, provided they are available.
(2) However, access to the pools is not guaranteed and may be subject to opening hours determined by the property management. We are not responsible for any restrictions or closures of the pools.

14. Use of the Internet/ WiFi

(1) We provide our guests with WiFi internet access during their stay in the holiday rental. Use is free of charge and is limited to the duration of the stay. However, we cannot guarantee that the internet connection will be available or of perfect quality at all times. The guest recognises that there may be outages or restrictions in certain situations.

(2) The guest is not authorised to grant third parties access to the WiFi without our express consent. We reserve the right to restrict or block access at any time, particularly in the event of suspected misuse.

(3) The WiFi is used via access data that we provide to the guest. These access data must be treated confidentially and may not be passed on to third parties. The guest is obliged to keep the access data safe and to inform us immediately if misuse is suspected. We reserve the right to change the access data at any time.

(4) The guest is advised that WiFi access merely enables access to the Internet and that no additional security measures such as virus protection or firewalls are provided. Data traffic is unencrypted, meaning that third parties may be able to gain access to transmitted data. Use of the WiFi is at the guest's own risk. We assume no liability for damage caused by the use of the WiFi, in particular not for damage to end devices or data loss due to malware.

(5) The guest undertakes to use the WiFi exclusively within the framework of the statutory provisions. In particular, it is prohibited to download, distribute or make accessible content that violates copyrights, data protection laws or other legal regulations, to use the WiFi for criminal offences or illegal purposes, to manipulate the network or to access other systems without authorisation.

(6) We reserve the right to block access to certain websites or services (e.g. content that glorifies violence, pornographic or fee-based content). In the event of violations of the terms of use or suspected illegal use, we may block access to the WiFi without prior notice.

15. Limitation of Liability

(1) We shall be liable within the scope of our duty of care for the proper provision of holiday rentals and without limitation for damages based on an intentional or grossly negligent breach of duty on our part, as well as for damages resulting from injury to life, limb or health.
(2) We shall only be liable for slightly negligent breaches of duty if an essential contractual obligation has been breached. In this case, our liability shall be limited to the foreseeable, typically occurring damage, however, to a maximum of EUR 2,000.00. Liability for possible failures or disruptions in water or power supply, as well as events and consequences due to force majeure are excluded.

(3) Any further liability is excluded, unless mandatory statutory provisions provide otherwise.
(4) We shall only be liable for loss of or damage to items brought in by you within the scope of the statutory provisions.
(5) The aforementioned limitations of liability also apply to our vicarious agents.

(6) In the event of cancellation of your booking by us as a result of force majeure or other unforeseeable circumstances (e.g. accident or illness of the host) as well as other circumstances for which we are not responsible and which make it impossible for us to provide you with the booked holiday apartment, our liability is limited to the reimbursement of the costs already paid by you to us. In the event of justified cancellation, the guest is not entitled to compensation. No liability is assumed for travel and/or hotel costs.

16. Liability of the Guest

As a guest, you are liable for all damage caused by you, your fellow travellers or your visitors. This includes in particular damage to the furnishings, the holiday rental itself or communal facilities. This also includes the cost of lost keys.

17. Changes to the Terms and Conditions

(1) We reserve the right to amend these Terms and Conditions at any time, including within existing contractual relationships. We will inform you of any changes that affect you at least 6 weeks before they come into effect. If you do not object within 6 weeks of receipt of the notification, the changes shall be deemed to have been accepted.  
(2) In the event of an objection, we shall be entitled to terminate the contractual relationship at the time the changes come into force.

18. Final Provisions

(1) The law of the Federal Republic of Germany shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.  
(2) Should individual provisions of these T&C be or become invalid, the validity of the remaining provisions shall remain unaffected.
(3) Although the European Commission will only continue to provide a platform for online dispute resolution (ODR) at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=EN (external link) until 19 July 2025 but since 20 March 2025, complaints can no longer be submitted via the ODR platform. We would like to point out that we are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board. Our email address is: info@myviewapartment.com

Status as of: April 2025