1.1 What these terms cover. These are the terms and conditions that govern your property or car rental reservation with us.
1.2 Why you should read them. Please read these conditions carefully before making a reservation with us. These terms tell you who we are, how we will provide you with accommodation or car rental, how you and we can change or end the contract, what to do if something goes wrong and other important information.
2.1 Who are we. We are Macna Agency Group SL, a company registered in Spain. Our company registration number is ESB05322078 and our registered office is located at Calle Juan Ramon Jimenez, 6, 29601 Marbella, Málaga, Spain.
2.2 How to contact us. You can contact us by calling our team on +34 951 669 996 or by writing us at info@macnaagroup.com.
2.3 How can we contact you. If we need to contact you, we will do so by telephone or by writing to you at the email or postal address you provided to us when you made your reservation.
2.4 “Writing” includes emails. When we use the words “written” or “written” in these terms, this includes emails.
3.1 Your agreement when booking. When you make a booking with us, the first person named on the booking (the Booking Manager) agrees on behalf of all people named on the booking that they:
3.2 How to make a reservation. You can initiate a reservation by calling us, sending an online request on/via our website, by email. We will then register your request and send you an offer.
3.3 You need to make sure that the property you have chosen is suitable for you. It is your responsibility to ensure that you have read the description of the property and local area carefully and have selected the most suitable property for your needs. If you, or anyone in your party, has any specific requirements or requests, you should contact us before making your booking.
3.4 You must tell us who is in your group. Before departure, it is essential that you provide us with contact details for everyone in your party. Use of the property of your choice, its grounds and its facilities is strictly reserved for the people named on the reservation. Inviting other people (friends or external suppliers) to the property during your stay, even if they are not sleeping in the property, is only possible with our prior written consent.
4.1 How we will accept your reservation. Our acceptance of your booking will take place when we send you a confirmation invoice which will confirm the details of your booking, in which case a contract will come into force between you and us, governed by these conditions. The confirmation invoice will be sent to your email address.
4.2 Your responsibility to verify your documents. It is your responsibility to carefully check the confirmation invoice and any other documents we send you as soon as you receive them. Contact us immediately if any information that appears on the confirmation invoice or other document appears to be incorrect or incomplete as it may not be possible to make changes later. Please ensure that the names on the confirmation invoice exactly match the names spelled in your passport (including all middle names).
4.3 If we cannot accept your reservation. If we are unable to accept your booking, we will notify you in writing and will not charge you. If you have already made the payment, we will refund it to you. This may be because the property or rental car you have chosen is no longer available, or because we have identified an error in the price or description of the property or rental car.
5.1 Where to find the price of the chosen arrangements. Prices on our website are shown in euros. The total price of the chosen services (VAT included) will be the price indicated to you during the reservation process. We take all reasonable care to ensure that the price of the arrangements advised to you is correct, but please see clause 5.2 to find out what happens if we discover an error in the price of your booking.
5.2 What happens if we got the price wrong.
It is always possible that, despite our best efforts, some properties or car rentals we sell may be incorrectly priced. We will normally check prices before accepting your booking so that, where the correct price of the property or car hire on your booking date is less than our stated price on your booking date, we will charge the amount the lowest. If the correct price of the property or car rental on the date of your reservation is higher than the price quoted to you, we will contact you for your instructions before accepting your reservation. If we accept and process your booking where a pricing error is obvious and unmistakable and could reasonably have been recognized by you as a pricing error, we may cancel the booking and refund you all amounts paid by you.
5.3 Will the price change after your booking.
Once the price of the chosen property (based on the composition of your group) or car rental has been confirmed at the time of booking, it is guaranteed and will not be increased (unless there is a price error (see clause 5.2) or if you decide to make changes to your booking, including adding people to your booking (see clause 5.4)).
5.4 Occupation
Occupation of your property and addition to your group. The maximum occupancy for all our properties (which includes adults and children) is clearly stated on each property’s webpage. The maximum possible size of your group and the number of rooms available to you will be clearly indicated on your confirmation invoice. If you would like to increase your group size and/or add additional rooms, please contact our expert. If the property can accommodate more people and/or has additional bedrooms, it may be possible to add these for an additional fee, if applicable. Please refer to clause 6.3 for further information.
5.5 How can you make your payments.
We accept and encourage payments by bank transfer. We also accept payments via the following types of debit cards (a debit card is defined as a card that withdraws money directly from your checking account): MasterCard Debit, Visa Debit, Visa Electron.
5.6 When do you have to pay? When you need to pay depends on when you booked and the type of property you booked:
5.7 Currency in which payments must be made. The currency of the invoice and the total fixed price of the reservation in the currency of the reservation confirmation. The deposit and the balance must be paid in the same currency.
6.1 How to request a change. If, after we have issued you a confirmation invoice, you wish to make any changes to your booking (except for a change of ownership – see clause 6.6 for further details on this), you must inform us inform in writing as soon as possible. We will let you know if the change is possible. If possible, we will notify you of any changes to the price of the property or car rental or anything else that would be necessary as a result of your change request and ask you to confirm whether you wish to make the change . If we cannot make the change or the consequences of the change (such as an increase in price) are unacceptable to you, you can cancel your booking (see clause 7).
6.2 Our modification fees. Where the requested change can be accommodated, you must pay any fees and charges incurred or imposed by any of our suppliers, together with a €250 change fee, before the change can be made.
6.3 Changing your group size. Changes to your group size can be made as follows:
6.4 If you wish to transfer your reservation. If you wish to transfer your booking to someone else, the transfer must be made to one or more persons who agree to be bound by these terms and conditions and who meet all the requirements of the original booking in question. If, in our opinion, the property is not suitable for the person(s) to whom you wish to transfer the booking, we reserve the right to refuse to make the transfer. If these transfer conditions are not met, your booking will be deemed canceled by you and you will be required to pay our cancellation fees as set out in clause 7.
6.5 Changing the date of your reservation. If you would like to change the date of your reservation to a date in the same calendar year, in the same villa, please let us know. We will let you know if the alternative date is available and (if so) what fees you will need to pay to make the change. Any date change request must be submitted at least 9 weeks prior to departure, otherwise cancellation fees will apply. Please note:
6.6 Changing the property you have reserved. If you wish to change the property you have reserved, this will be treated as a cancellation of your original reservation and a new reservation will be created. Cancellation fees will apply to the first booking.
7.1 Your right to cancel your reservation. You can cancel your confirmed reservation at any time before your arrival. If you wish to do this, the booking manager must contact us in writing, using the contact details set out in clause 2.2. Your cancellation notice will not be effective until it has been received by us. Cancellation charges will apply (as set out in clause 7.3 unless otherwise advised at the time of booking).
7.2 How we calculate our cancellation fees. When calculating the cancellation fee in clause 7.3, we have taken into account the expected cost savings and revenue generation from the alternative deployment of the Property, to the extent that this is likely to be practicable for your booking . Where cancellation fees are quoted as a percentage, they are calculated based on the total invoice cost, excluding change fees which are non-refundable.
7.3 Cancellation fees.
|
Date before arrival on which |
Cancellation fees (as a % of the total invoice) |
|---|---|
| more than 61 days | 50% |
| 60-46 days | 70% |
| 45-31 days | 90% |
| 30-0 days | 100% |
7.5 How we will refund you (if a refund is due to you when you cancel). We will refund the price you paid for the arrangements you have chosen, less any applicable cancellation fees, according to the payment method you used.
7.6 You must take out insurance. You must take out comprehensive travel insurance before or at the time of booking (please see clause 9 for further information). Depending on the reason for cancellation, you may be able to claim these cancellation fees under the terms of your insurance policy. Claims should be made directly to the relevant insurance company and we can provide a cancellation invoice upon request.
8.1 If you do not pay your balance. We have the right to cancel your reservation and retain your deposit if you do not pay the balance of the cost of your reservation on time.
8.2 We reserve the right to cancel your reservation if we or the owner/manager discover that the number of people (adults, children and babies) staying at the property exceeds the number shown on your confirmation invoice and you have not obtained our prior written authorization for this increase and paid all associated additional costs. In this situation, no refund will be made and we will have no further liability to you.
8.3 If we are forced to make a material change or cancel your booking due to events beyond our control. If we have to significantly change or cancel your booking due to events beyond our control (see clause 12), we regret to inform you that we will not be able to pay you any compensation or take into account bears any costs or expenses you incur as a result. You will, however, be entitled to receive a refund of the amounts you have paid to us, less any costs we have incurred in connection with your booking which we are otherwise unable to recover. You are required to take out travel insurance which covers your costs should we have to cancel your booking in these circumstances.
8.4 If we make a material change or cancel your booking for any reason within our control. Where we are required to significantly change or cancel your booking for a reason which is reasonably within our control and where we cannot provide you with a suitable alternative, a full refund of all monies paid will be made to you. However, we will have no further liability to you and we cannot cover any expenses or losses you may incur as a result of any such change or cancellation.
9.1 Travel insurance.
You must take out adequate travel insurance. It is your responsibility to ensure that you take out travel insurance that is suitable and adequate for your particular needs, ensuring that it covers any activities you plan to undertake and protects you against cancellation charges, medical and repatriation costs and civil liability claims. If you would like to arrange additional activities during your stay, please check your coverage before doing so. Please read your policy details carefully and take them with you. If you choose to travel without adequate insurance cover, we will not be liable for any losses you suffer for which you have been covered by insurance cover.
9.2 House rules. When you have made a reservation for a property, you must familiarize yourself with and comply with any rules or restrictions stated upon check-in.
9.3 Travel tips. We recommend you to consult relevant travel advice from your country of residence before booking in order to make an informed decision on your chosen destination, and again before departure.
9.4 Behavior. You are expected to behave respectfully. If, in our opinion, the opinion of the owner of the property you are staying in, the opinion of the villa staff, the opinion of any of our suppliers or the opinion of any other person in authority, your behavior or that of any member of your party causes or is likely to cause distress, danger or inconvenience or damage to property, we and our suppliers reserve the right to terminate your booking immediately without further liability to you. You and/or your party may also be required to pay for losses and/or damage caused by your actions and you and each member of your party will be jointly and severally liable for any damage or loss caused. Full payment for any such damage or loss must be paid directly to our supplier before departure or, alternatively, must be paid to us via your secure customer area, if the damage or loss is identified after your departure. If you fail to pay, you will be responsible for settling any claim (including legal costs) subsequently made against us as a result of your actions, as well as any costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behavior of other guests or individuals who have no connection with your booking arrangements or with us.
9.5 Commercial filming/photography. Commercial and/or editorial filming/photography is not permitted on our properties without prior written permission. In certain cases, special conditions may apply.
9.6 Event hosting. Hosting events is not permitted at any of our properties unless you have requested and obtained prior written permission to do so (and made payment of any applicable fees or surcharges resulting from your request). In some cases, other specific conditions may apply, which you must comply with; we will inform you of these conditions before confirming that your request can be granted.
9.7 Property security. Although all of our properties are insured, it is your responsibility to ensure that the property is adequately secured at all times. This can include whenever you leave the property, spend time in the garden or swimming pool and when you go out in the evening. Securing the property may include, depending on the case: locking doors; close and secure windows and shutters; secure valuables in a safe and activate the security system. If you fail to follow these reasonable steps, you will be responsible for any damage to the property and/or any resulting loss of yours or the property; your personal liability insurance may also be invalidated or affected as a result.
9.8 Passports and visas. It is your responsibility to check and meet the passport, visa, health and immigration requirements applicable to your itinerary. You must check the requirements of your own situation with the relevant embassies and/or consulates and your own doctor, if applicable. Requirements change and you must check all these points before departure. We accept no liability if you are unable to travel or suffer any other loss because you have not complied with passport, visa, immigration or health requirements. You agree to reimburse us for any fines or other losses we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
10.1 How to tell us if you encounter a problem during your stay. If you have a complaint regarding your accommodation or car rental, you must immediately notify our Local Manager, whose number will be provided to you before your stay begins. Our local manager will take all reasonable steps to assist you. Only if you do so will we have the opportunity to sort things out while your reservation is in progress.
11.1 We have no liability to you for the actual amenities of the property or car rental, except in cases where it is proven that we have breached this duty and damage has been caused to you. Therefore, provided that we have selected the property or car rental provider with reasonable care and skill, we will have no liability to you for anything that happens at the property or for any act or omission of the property provider or others.
11.2 Our liability for your actions or the actions of third parties. Furthermore, we will not be liable for any injury, illness, death, loss (including loss of property), damage, expense, cost or other claim of any kind arising from:
12.1 What are the events beyond our control. In these terms, “Events beyond our control” means a situation which is beyond our control or that of our supplier, the consequences of which could not have been avoided even if all reasonable measures had been taken. Such situations are likely to include, whether actual or threatened, war, riot, civil war, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, floods, epidemics and pandemics (including, but not limited to, the continuing impact of the COVID-19 pandemic), fires, airport, port or airspace closures, restrictions or congestion, travel restrictions flight or entry imposed by any regulatory authority or other third party, a government advisory against travel to a particular destination and any other government restrictions on travel.
12.2 Liability for events beyond our control. Except as otherwise provided in these terms, we have no liability, including for compensation, costs and expenses where the performance of our obligations under this contract is prevented or affected by, or if you suffer any damage, expense or loss as a result of events beyond our control.
13.1 Safety standards of our properties. The properties meet the applicable laws and standards of the country in which the property is located. It is possible that these laws and standards may be different from those in your home country and may sometimes be lower.
14.1 Swimming pools and jacuzzis, by their very nature, carry their own inherent risks. You must ensure that you and all members of your party take extra care when using or being near the swimming pools at the property where you are staying. You must ensure that at no time does anyone dive into the swimming pool or enters it under the influence of alcohol. You must check the pool daily before use and report any apparent defects. Many swimming pools are not fenced. If you require a fenced pool, you must let us know before making your reservation to allow us to find one for you. Whether fenced or not, children must be supervised at all times by a responsible adult. We and the owner have no liability for death or injury resulting from pool-related use.
14.2 Many of our properties are located on large, often unfenced lots and as such your group should take extra care when exploring them. Floors may contain drops and/or uneven ground which carry their own inherent hazards and therefore children should be supervised.
14.3 Many of our properties also have balconies and/or terraces many of which are accessed by steep, narrow, unhandled or uneven stairs and may present falls and other hazards. These may not be suitable for people with reduced mobility. Please take great care when using them and ensure that children are never left unsupervised and should not be allowed to climb on railings or walls. We and the owner assume no liability for death or personal injury resulting from use related to the deck(s).
15.1 You must notify us of special requests. If you have a special request, you must inform us at the time of booking. Unless and until specifically confirmed, all special requests are subject to availability.
15.3 Medical conditions. If you, or any member of your party, has a medical condition, disability or reduced mobility which may affect any aspect of your property reservation (or the reservation process), you must give us full details in writing at the time of booking or, if the condition, disability or reduced mobility does not develop or deteriorate until after your booking, as soon as you become aware of it.
15.4 If you require medical assistance during your reservation. If you require medical attention while on vacation, local medical services can be contacted for emergency treatment. Acceptance and cost of treatment are your sole responsibility. Please note that doctors can only speak in their native language.
16.1 Wildlife. Please note that wildlife such as animals and insects are as natural a part of the landscape as grass and trees. Insects and animals may be attracted to nearby swimming pools, streams or ponds, local vegetation, and food left behind after an outdoor meal. We urge you to keep doors and windows closed wherever possible and clean up any leftover food after all meals (outdoor and indoor). Please do not intentionally feed local animals – this encourages them to return and they may not be welcome to future guests.
16.2 Allergies. If you suffer from allergies triggered by animals, please let us know before booking, although we cannot guarantee that pets will not be or have not been present, we can recommend properties where the possibility is reduced ( for example, when we know that the owners have not kept any animals).
16.3 Pets. We regret that none of our owners accept pets unless by special agreement.
16.4 Noise. We ask that you respect the local situation, including neighbors and not make excessive noise or cause disturbance which may disturb other people or wildlife during your stay. Neither we nor the owner can be held responsible for noise or disturbances that come from beyond the property boundaries or that are beyond the owner’s control.
16.5 Surroundings. Neither we nor the owner can be held responsible for any changes to the area surrounding your chosen property which may impact on that area. This may include (but is not limited to) changes to the local area resulting from natural causes (such as fires, storms, diseases affecting plants and trees, etc.) or due to the acts of third parties (such as such as litter, cutting of plants and trees, construction work, etc.).
17.1 Photographs. Please note that photographs in our marketing materials on our website are intended to give a general impression of the standard of the properties we offer. Some aspects of the property may have changed by the time you come to make your reservation, for example, items of furniture may have been removed by the owner or the layout of the gardens may have been altered. We decline all responsibility if this situation arises.
17.2 Our advertising material. The marketing materials and the website are our sole responsibility. They are not issued in the name of and do not commit any independent organization/carrier whose services are presented there.
18.1 How we may use your personal information. We will only use your personal information in accordance with our privacy policy.
19.1 Conditions of our suppliers. Owners and other suppliers may have their own terms and conditions. In this case, these may limit or exclude the liability of the owners/suppliers to you.
19.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or obligations under these terms to another person if we agree to this in writing.
19.3 No one else has any rights under this contract. This contract is between you and all persons named on the booking, and us. No other person shall have any right to enforce any of its terms except as explained in clause 19.2. Neither of us will need to obtain the agreement of any other person at the time of booking to end the contract or make changes to these conditions.
19.4 If a court finds that any part of this contract is illegal, the remainder will remain in effect. Each paragraph of these Terms operates separately. If any court or competent authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
19.5 These terms and conditions are drawn up in accordance with Spanish law.