IN BRIEF: NOTICE OF LIMITATION OF LIABILITY & INDEMNIFICATION

Please be advised that your occupancy of Calypso Lindia Luxury Villa is strictly contingent upon your unconditional agreement to the following Terms and Conditions. By entering these premises, you acknowledge that the Proprietors bear zero liability for any personal injury, catastrophic accident, or fatality arising from the use of the property, including the swimming pool, jacuzzi, and elevated terraces, especially in cases involving intoxication, lack of supervision, or disregard of safety protocols. Furthermore, Occupants assume absolute financial responsibility for all property damage—whether accidental or intentional (vandalism/arson)—and for any excessive sanitation requirements or loss of personal effects. Your presence on-site constitutes a legally binding waiver of all claims against the Proprietors, and you hereby agree that any legal disputes shall be subject to the exclusive jurisdiction of the Courts of Rhodes, Greece.

Terms and Conditions of Occupancy and Indemnification

WHEREAS, the Guests (hereinafter referred to as the “Occupants”) desire to occupy the premises known as Calypso Lindia Luxury Villa (hereinafter referred to as the “Property”), located in Psaltos, Lindos, Rhodes, under the terms of a temporary residential license agreement; and

WHEREAS, the Owners/Operators (hereinafter referred to as the “Proprietors”) grant this license subject to the Occupants’ unequivocal acceptance of the inherent risks and the comprehensive indemnification clauses stipulated herein;

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

I. General Provisions and Limitation of Liability

1. Acceptance of Risk (Assumption of Risk)

The Occupants acknowledge and affirm that the use of the Property, including but not limited to the multi-level structure, staircase, balconies, terrace, garden, Swimming Pool, and Jacuzzi, involves inherent and foreseeable risks of personal injury, property damage, and death. The Occupants voluntarily accept and assume sole responsibility for all such risks arising from their occupancy, and shall not hold the Proprietors or their agents liable for any claim arising therefrom.

2. Standard of Conduct (Due Diligence)

The Occupants undertake to exercise the utmost degree of caution and prudence (“Due Diligence”) at all times. Failure to adhere strictly to the posted VILLA GUIDELINES and SWIMMING POOL RULES shall constitute a prima facie breach of this agreement and an admission of contributory negligence in the event of any loss, injury, or fatality.

II. Specific Liability and Indemnification Clauses

3. Aquatic Facilities Indemnification (Swimming Pool and Jacuzzi)

The Proprietors expressly disclaim all liability for any personal injury, severe bodily harm, drowning, or death occurring in or around the Swimming Pool or Jacuzzi.

• 3.1. Misuse and Contributory Negligence: The maximum depth of the Pool is 1.2 meters. Any act of diving, reckless jumping, or execution of dangerous stunts is strictly prohibited. The Proprietors shall bear zero liability for injuries or death resulting from contact with the pool floor or sides, or any other predictable impact injury arising from the disregard of these explicit rules.

• 3.2. Impairment: Any injury or fatality sustained while an Occupant is under the influence of alcohol, narcotics, psychotropic substances, or any other intoxicating or mind-altering agent shall be deemed an act of gross, deliberate negligence on the part of the Occupant, thereby completely and irrevocably relieving the Proprietors of any and all liability, even if such impairment contributes to an otherwise unforeseen accident.

• 3.3. Long Hair Entrapment: The Occupants are fully aware that the pool’s filtration and pump system possess significant suction power. Proprietors are not liable for injury, asphyxiation, or death resulting from the entrapment of long hair or swimwear in the bottom drain or pump outlet, as this risk is explicitly warned against in the guidelines provided.

• 3.4. Child Supervision: The gated Pool area is a necessary, but insufficient, safeguard. Adult Occupants bear the exclusive, non-delegable responsibility for the constant, proximate, and direct supervision of all minors using or accessing the Pool or Jacuzzi area. The Proprietors shall not be held liable for any incident involving a minor left unsupervised.

4. Elevated Structures and Falls (Terrace and Upper Floors)

The Occupants acknowledge that the Property includes elevated structures, including the upper floor and terrace perimeter.

• 4.1. Prohibited Access/Action: Any act of climbing, sitting on, or jumping from the terrace perimeter wall is an act of extreme and unacceptable recklessness. The Proprietors shall be held harmless against any claim for catastrophic injury, paraplegia, or death resulting from falls from any elevated structure, including the terrace, balcony, or staircase, particularly if such fall is occasioned by intoxication, reckless behavior, or attempted stunts.

5. Garden and Exterior Areas (Flora and Fauna)

The Occupants acknowledge the presence of natural risks in the exterior areas.

• 5.1. Natural Hazards: The Proprietors are not liable for injuries sustained from naturally occurring hazards, including but not limited to: puncture wounds from the thorns of bougainvillea or cacti, injury from falling on uneven ground or wet grass, or injuries resulting from interaction with local fauna, such as the aforementioned wild goats. Occupants are explicitly recommended to wear appropriate footwear.

III. Property and Personal Effects Security (Theft, Loss, and Damage)

6. Non-Custodial Status of Personal Property (Bailment Disclaimer)

The Proprietors hereby state that the Property is rented on a self-catered, exclusive-use basis, and no relationship of bailment is created concerning the Occupants’ movable property, including luggage, valuables, monetary instruments, electronic devices, or any other personal effects (“Personal Effects”).

• 6.1. Absence of Duty of Care: The Proprietors assume no duty of care, custody, or control over the Occupants’ Personal Effects. The risk of loss, theft, damage, or destruction of Personal Effects, however caused, is borne exclusively and entirely by the Occupants.

• 6.2. Security Measures: Occupants are solely responsible for utilizing all available security measures, including the securing of all doors and windows upon exiting the Property or retiring for the evening. Failure to secure the Property fully shall be deemed an act of gross contributory negligence, vitiating any potential claim against the Proprietors for loss or theft.

• 6.3. Proprietors’ Immunity: Notwithstanding any statutory provisions, the Proprietors’ liability for loss, theft, or damage to Personal Effects is contractually limited to zero (0) Euro, irrespective of whether the loss results from a breach of contract, negligence, or an act of third-party criminal activity. Occupants are strongly advised to obtain comprehensive travel and property insurance.

7. Criminal or Malicious Acts (Third-Party Threat)

The Proprietors are not custodians of local public safety or sovereign law enforcement.

• 7.1. Third-Party Criminality: The Proprietors shall not be held liable for any personal injury, psychological trauma, or loss of property resulting from unforeseen criminal acts perpetrated by third parties within or immediately surrounding the Property. This includes, but is not limited to, assault, battery, burglary, or intimidation, as such acts are beyond the reasonable control of the Proprietors.

IV. Property Damage, Reversionary Interest, and Sanitation Protocol

8. Obligation to Maintain and Reversionary Condition

The Occupants are obligated, under the strictest terms of this agreement, to maintain the Property, including all its fixtures, fittings, inventory, movable assets, and critical infrastructure, in the same state of material integrity and cleanliness as existed upon check-in. This obligation extends to the garden, technical equipment (including the pool filter system and irrigation system), and the Jacuzzi mechanism.

9. Liability for Damage to Property (Restitution and Penalties)

The Occupants shall bear full and absolute financial liability for any and all damage, destruction, loss, or degradation to the Property, regardless of whether such actions are classified as intentional, willful, reckless, negligent, or purely accidental.

• 9.1. Remedial Costs: The Occupants shall, upon demand, reimburse the Proprietors for one hundred percent (100%) of the costs associated with the repair, replacement, or professional cleaning necessary to restore the damaged asset to its pre-existing condition. This includes, but is not limited to, damages to furniture (e.g., from wet swimwear), electronic equipment, plumbing due to inappropriate substances in the drains or pool (e.g., shower gel, shampoo), and damage to the filtration system.

• 9.2. Deliberate Malfeasance (Vandalism and Arson): In the event of confirmed Sabotage, Vandalism, Arson, or any other intentional act of malicious destruction directed at the Property or its infrastructure, the Occupants shall be held liable not only for the full cost of restitution (as per 9.1) but also for additional punitive damages and costs associated with:

  • (a) Loss of Revenue: Compensation for all projected rental income lost during the period the Property is rendered uninhabitable or undergoing compulsory remedial works.

  • (b) Administrative and Legal Costs: All investigative, administrative, and extraordinary legal fees incurred by the Proprietors to enforce their rights under this provision.

• 9.3. Smoking and Associated Damage: The explicit prohibition of smoking indoors necessitates that any evidence of smoke damage, including residual odor requiring professional deodorization, or physical damage (e.g., burns to carpets, linens, or upholstery), shall result in the immediate imposition of a non-negotiable restoration fee, calculated at the Proprietors’ sole discretion, which shall be deemed a genuine pre-estimate of loss.

• 9.4. Failure to Secure: Damages or theft of Property inventory resulting from the Occupants’ failure to secure doors or windows (as stipulated in Section 6.2) shall constitute actionable negligence, rendering the Occupants fully liable for replacement costs.

10. Sanitation Protocol and Excessive Post-Occupancy Remediation

The Occupants are required to leave the Property in a state of general order and reasonable cleanliness. The standard cleaning fee included in the reservation only covers routine post-departure sanitation.

• 10.1. Excessively Poor Condition: Should the Property, upon the Occupants’ departure at 11:00, be deemed by the Proprietors (or their agent, Lindos Property Management) to be in an unreasonable, unsanitary, or exceptionally poor condition requiring cleaning efforts that significantly exceed the commercially standard time allocation, the Occupants shall be subject to a mandatory, non-discretionary surcharge.

• 10.2. Remedial Surcharges and Penalties: This surcharge shall cover the costs of Deep Cleaning, Biohazard Remediation, or Specialized Waste Disposal, including, but not limited to:

  • (a) Additional Labour Cost: A supplementary fee calculated at a minimum of €50.00 per extra hour required for the cleaning staff beyond the standard allotment.

  • (b) Specialized Cleaning: Full cost for professional services such as upholstery shampooing, specialized stain removal, or waste removal beyond the capacity of standard domestic bins.

  • (c) Loss of Use Penalty: In the event the extensive cleaning delays the subsequent Occupants’ check-in (scheduled for 15:00), the departing Occupants shall be held responsible for any resultant financial compensation, discounts, or refunds offered to the incoming guests, thereby constituting a punitive measure for the breach of the sanitation protocol.

V. Indemnification and Waiver

11. Full and Complete Indemnification

The Occupants irrevocably agree to indemnify, defend, and hold harmless the Proprietors, their agents, employees, and successors, from and against any and all claims, liabilities, costs, expenses (including, without limitation, reasonable legal fees and disbursements), suits, and causes of action (whether civil or criminal) arising out of or related to: (a) Any violation of these Terms and Conditions. (b) Any property damage or personal injury (including death) sustained by the Occupants or their guests during the period of occupancy. (c) Any negligent, reckless, intentional, or willfully wrongful act or omission leading to the damage or destruction of the Property by the Occupants or their invitees, including excessive fouling or poor sanitation.

12. Explicit Waiver

By occupying the Property, the Occupants expressly waive, release, and forever discharge the Proprietors from any and all known and unknown claims, damages, demands, and rights of action that they or their legal representatives may have against the Proprietors arising from or related to the occupancy, to the maximum extent permitted by the applicable laws of the Hellenic Republic.

13. Governing Law and Venue

This Agreement, and all matters arising out of or relating to the occupancy of the Property, shall be governed by and construed in accordance with the substantive and procedural Laws of the Hellenic Republic. The Occupants hereby irrevocably submit to the exclusive jurisdiction of the Courts of Rhodes, Greece, for the adjudication of any dispute, claim, or controversy arising hereunder, expressly waiving any objection to such venue on the grounds of forum non-conveniens or any other jurisdictional basis.