I found such a villa by that name in Moraira that I came across, and discovered it was, in fact, a privately advertised villa, although the sound of water happens to be from the municipal open sewage treatment works immediately next to the villa. This is all perfectly fine if this is explained in the villa description, but do consider it a tad misleading when no reference is made to it in the advertised villa description.
Agents have a duty to ensure that when they list a villa that they actually visit the villa and prepare a full villa description, taking note of anything that is considered to be dangerous that could pose a risk to occupiers, particularly in the areas that could affect children and anything that could be deemed irregular and unsafe, as well as observe anything that could, in their knowledge be regarded as illegal. An agent would be responsible to disclose anything untoward, particularly an open sewage treatment plant that happens to be next door.
There is no obligation legally for an owner to name their pride and joy anything they want to, regardless that it could be perceived as misleading or, in fact, the villa name suggesting something that is very different.
If an owner calls their villa, say for example, villa Tranquil, meaning quiet in Spanish, and then a Jackhammer operates outside the villa for a week during your holiday, you would not easily obtain compensation even if you took legal action against the owner, but on the other hand if the villa description says the villa is located in a very quiet area then you can more readily successfully take a legal case against the owner or agent on the basis that the villa was not quiet during your holiday stay.
In the event that such a noise occurs, a villa agent would do their utmost to re-accommodate you, or if aware prior to your arrival inform you of the problem and offer you some alternative accommodation options, which is something a private owner may well be limited in doing.
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