Terms and Conditions
A&K Villa Rental - Inclusions
- Villa rental on an exclusive basis
- Utilities (gas, water, electricity), unless otherwise stated
- Towels, pool towels and bed linen as standard
- 1 cot & highchair (cot linen not provided)
- An A&K Local Representative will arrange to meet you on your arrival weekend and is then on call 24/7 in case of emergency. In some cases an A&K Representative is not required as the villa will have its own competent, local manager. All A&K clients are able to call an A&K emergency Duty Manager.
- Comprehensive information pack
- Local taxes and administration charges. Please note properties in the Caribbean are subject to local taxes.
- Villa’s own services – please check what additional services are provided as standard with a particular property – maid service, usage of air-conditioning, central and pool heating, etc can vary from property to property.
- In a large number of our properties you may also choose to upgrade your services to our A&K Hosted package. Where variations to the below package exist, they will be noted on the villa’s web page, or please contact your A&K Reservations Consultant for further details
Our A&K Hosted Upgrade Package includes:
- All of the above services as well as:
- 1 x airport/station arrival welcome per group. An A&K Representative will be able to assist with collecting your car rental and assist in arranging onward transportation. Transport cost not included
- Personal welcome to the villa by your dedicated A&K Host. Your bi-lingual Host can be called upon at any time to assist you in any way throughout your stay:
- Re-confirming pre-booked services and confirming itinerary arrangements
- Making additional arrangements as required
- Suggesting and booking restaurants, visits, guided tours,
- Trouble shooting, language assistance
- Provide a check-out service
- A light, pre-prepared supper on your arrival evening prepared by your Host - Drinks fridge stocked on arrival. Typically this consists of 4 bottles of wine, beer, soft drinks, juices, mineral water
- Initial provisions & fresh flowers – jam, sugar, olive oil, tea, coffee, vinegar, cleaning provisions - Complimentary pre-arrival shopping service. Simply tell us in advance what groceries you require and your Host will pre-stock the villa accordingly (cost of groceries is in addition).
- Introductory orientation tour of local area with your A&K Host. The best way to familiarise yourself with the local area on day 1, not day 7 (own transport required if not walking distance)
- Continental breakfast delivered on the first morning
- Daily maid service Monday to Friday (and on Saturdays for multiple week bookings)
- Mid week linen and towel change
- Starter pack of luxurious toiletries per bathroom
Additional inclusions may also apply: see the relevant property web page for full details
A&K Villa Rental - Exclusions
Cost of obtaining passports and visas, meals, beverages or sightseeing not specified above, gratuities for staff, personal expenses such as telephone / internet charges and laundry, cook / nanny, cot linen, heating and / or air-conditioning (unless indicated otherwise), pool heating (unless indicated otherwise), travel insurance, excess baggage charges, airfares or airport taxes, optional activities, ski lift passes, ski equipment rental, anything not specifically included in the inclusions list, any Government levies or taxes introduced after the publication of the relevant brochure and website, car rental or transportation to and from the property. Please note some of our Caribbean rentals incur additional local taxes, either payable locally or when your balance is due, you will be informed of these at the time of booking.
Note: Telephone, internet, fax, heating, air-conditioning and pool heating charges are charged separately and will be payable locally on departure. Payment can be made by credit card if preferred.
Our Abercrombie & Kent Villas team will be happy to arrange further services, sightseeing and activities according to request. It is strongly recommended that any extra services are booked well in advance of your holiday to avoid disappointment. A minimum of 8 weeks is recommended. Please note that all additional services pre-booked and pre-paid are subject to 100% cancellation fees. The cost of any services that are booked in advance and to be paid locally (e.g. local cook service) must also be paid to the local suppliers in the event of client cancellation. Any unpaid services will be charged from the credit card provided for the security deposit.
While Abercrombie & Kent has a policy not to recommend or endorse child care or babysitting providers, we do understand that these are fundamental requirements which many of our clients request when taking a villa holiday. As a result of safety and security concerns which all clients have when sourcing child care or babysitting providers, we prefer clients to make themselves comfortable with and to carry out their own checks on such providers. What we are sometimes able to do is provide a list of child care and babysitting providers in the area of the villa where we have been able to identify such services exist. However, it is important that it is recognised and understood that we have not carried out any checks whatsoever, we do not recommend any baby sitting or child care providers and we accept no liability for the use of any child care and babysitting providers set out on any list we may provide. When at a property, clients may decide to enter into arrangements with the local staff at the villa. Any such arrangements are made entirely at the client’s discretion and A&K does not vet or check local staff for suitability for providing childcare and therefore cannot accept any responsibility or liability for such arrangements.
Before you leave home, you will receive a list of food and household items which may be pre-ordered to facilitate your arrival, payable to your A&K Host or local representative. Please note that there is a service charge of €25 for this service. The cost of the purchased items is payable upon arrival at the property in cash. If you are celebrating a special occasion, you may like to book a Celebration Hamper. The contents can be tailored to your taste and the occasion but suggested inclusions are champagne, truffles, cheese, cheeses, locally produced cured meats, fine wine and chocolates. Hampers are available from €100.
MINIMUM LETTING PERIODS
During high season, the minimum letting period for a villa is seven nights. However in low and mid season, some villas may be rented for shorter stays. Please contact us for details. Most villas are predominantly available for rental from Saturday to Saturday. Any villas with an alternative start day will be signalled at time of booking. Certain properties are only available for a minimum rental period of two weeks or longer. If this is the case for the property you have chosen, this will be brought to your attention at the point of enquiry.
YOUR SAFETY & PROTECTION
The safety standards and regulations are those of the country you are visiting. As a result, please be careful when in unfamiliar buildings or surroundings, and get to know the escape route from your property in case of fire. Properties may include “hazards” such as open staircases, unfenced areas, mezzanines, open drops etc, and it is imperative that your party take responsibility for their own safety.
As with all rental properties in prime locations there may be a small risk of burglary. Where provided, please take advantage of burglar alarms and safes and take every precaution against theft and burglary. Any valuables left at the property are left at your own risk. Please note that in some properties, surveillance cameras and security equipment may be installed inside and/or outside the property, which may have the capability to stream or record images and sound. If you have any concerns or issues with this, you must inform our team before your trip. Neither Abercrombie & Kent Villas nor the property owner nor our agents can take responsibility for any loss or damage.
The majority of our properties have swimming pools, which are not manned. Some swimming pools have safety features such as pool alarms, covers and fences, but not all. Please familiarize yourself thoroughly with the depth of the pool and how to get out, and exercise safety and caution at all times, especially with children, non-swimmers and if diving. Children and non-swimmers are your responsibility at all times. Swimming pools are usually not available in low season. If your rental falls within this season please check with us that the pool is open. The maximum heated pool temperature is 24 degrees Celsius (unless otherwise specified) and is subject to weather conditions. Pool heating is included in some villa rentals and charged at a supplement at others. Please see the relevant property web pages for details. Where pool heating is charged at a supplement, this is payable locally.
ARRIVAL & DEPARTURE TIMES
To allow time for cleaning, we would ask you to arrive only between 4pm and 7pm on the first day of your stay, and to vacate the property by 10am on the departure day unless otherwise specified. If your arrival is delayed please contact your A&K Host immediately.
TELEPHONES / INTERNET
Telephone and internet arrangements vary from property to property and are sometimes metered (charges payable locally on departure). In some cases there is no landline telephone and due to the rural nature of many of our villas, cell telephone networks may be weak or non-existent. Your Villa Welcome Book will provide further information on telephone usage at your villa.
There may be occasions when internet service is interrupted and whilst every effort will be made to resume the service, please note that Abercrombie & Kent Villas cannot be held responsible for loss of internet access (or the consequences of loss of access) during your holiday.
Pets are generally not permitted but please check with your Abercrombie & Kent Villas Consultant at time of booking.
Please note that the majority of our villas are located in rural areas, where wildlife such as animals and insects are as natural a part of the landscape as the grass and the trees. It would not be particularly unusual to encounter animals, such as rodents, deer, goats, cats (stray or belonging to nearby locals), or insects such as wasps, bees, flies, ants or scorpions and spiders. Insects and animals can be attracted to swimming pools, nearby streams or ponds, local vegetation or sometimes food left out following an al fresco meal. We would urge you to keep doors and windows closed as far as practicably possible and to clear all remains of food following an outdoor (or indoor) meal. Please do not purposefully feed any local animals – it will encourage them to return and they may not be so welcome to the next guests. Please note that A&K Villas cannot be held accountable for the presence of animals or insects at the villa you choose. If you suffer allergies triggered by animals, please let us know before booking – whilst we cannot guarantee animals will not be present, we can recommend villas where the possibility is lessened (for example where we know owners have not kept animals).
If you are intending to take or rent a sports or low slung car on holiday, we advise you to check at time of booking whether the access to the property allows for such a car. Please note that many of the properties are located along uneven roads. These are passable using conventional vehicles, but it is worth considering carefully the model of vehicle you choose to drive. Your Abercrombie & Kent Villas Consultant will be able to advise you on this.
FACILITIES FOR INFANTS
All properties will contain at least one cot and one high chair. If you require more facilities, please advise us at time of booking. A small charge to supply additional facilities may apply.
We can arrange a lot of things at A&K Villas, but sadly the weather is not one of them. A&K Villas cannot be held accountable for adverse weather conditions or the consequences of adverse weather. No refunds will apply in the cases of no sunshine, no snow or other adverse weather conditions.
BOOKING TERMS & CONDITIONS
Holiday property rentals are operated by Abercrombie & Kent Villas, a trading name of Abercrombie & Kent Limited 'the Company' of St George's House, Ambrose Street, Cheltenham, Glos. GL50 3LG which is registered in England under company number 1082430. The following conditions, together with the relevant information set out in our proposal, web-site and/or brochure, will form part of your contract with the Company. Please read them carefully before you book as they set out our respective rights and obligations and you will be bound by them.
1. BOOKING PROCEDURE
(a) Options: We will be happy to hold a property on option for a maximum of five working days. If during that time, we receive a request for the same property, we will contact you immediately to indicate that you must make your booking and pay your deposit within 48 hours. All options will expire after seven days without notification.
(b) To secure your booking, you should contact us to confirm your booking, and pay your deposit of 30% of the total holiday cost – or as advised by the Company. If you are booking within 10 weeks of departure, then full payment is required. Payment can be made by cheque or by most major credit cards in favour of Abercrombie & Kent Villas Limited. If for any reason we do not accept your booking your deposit will be returned. Alternatively, you can start the booking process online – simply select the ‘Book It Now’ button and follow the simple on-screen instructions.
(c) Payment is accepted by bank transfer, cash, cheque drawn on a US dollar, GBP sterling or Euro account or most credit card (Mastercard, Visa, American Express). Please note that payment by credit card incurs a supplement as follows:
UK cardholders - 1.5%
All other cardholders - 3.1%
(d) Special Requests, such as diet, room location, twin or double bedded room or a particular facility which are an important factor in the choice of holiday, should be indicated at the time of bookingor made in writing. We will pass your request on to the villa but cannot guarantee that it will be accommodated. The Company will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is not met. The provision of any special request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met. All special requests must be made at least eight weeks prior to departure.
(e) A contract will come into existence on the date on which we accept your booking in writing and issue a Confirmation Invoice. When you make a booking you are confirming that you understand our booking conditions and have accepted them on behalf of yourself and all members of your party.
(f) It is important for you to check the details on the Confirmation Invoice as soon as you get it. In the event of any discrepancy please contact us immediately. If you arrange your holiday direct with the Company all correspondence and other communications will be sent to the address of the lead name on your booking unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
(g) If your booking is made through a travel agent, the Company will address all communications to that travel agent, who will act as agent for you in regard to all communications from us to you. All monies paid by you to a travel agent under or in contemplation of this contract will be held by the travel agent for the Company until such monies are forwarded to the Company.
(h) The final balance is due no later than 10 weeks before departure.
(i) Your holiday documents, including a detailed Welcome Book of the property, directions and emergency contact details, will be dispatched to arrive with you no later than 14 days prior to your departure.
(j) Security Deposit - As a condition of your rental agreement we shall also ask you to lodge a Security Deposit at the point of making a booking amounting to 20% of the weekly rental cost of the property (or higher if required by the villa owner or for stays of three weeks or longer). This is to protect the property owners for the cost of any damage or loss caused by willful or accidental damage by members of the party that may occur during your stay or for any unpaid local charges. The Security Deposit is lodged with Abercrombie & Kent Villas in the form of a credit card authorization given at the time of booking. It is incumbent on the property owner to advise us within 30 days of any claim they have in respect of damage, loss or unpaid amounts. This credit card authorization will be destroyed 30 days after the last day of your stay, provided no claim is made by the property owner. It is essential that you reconcile any damages or extra costs incurred with villa owners or agents prior to departure from the property as Abercrombie & Kent Villas will automatically debit your credit card to the value instructed by owners or their agents for any such charges. Abercrombie & Kent Villas are unable to enter into negotiation on your behalf where such charges are not agreed with villa owners or agents prior to your departure from the property. We ask you to remember and respect the fact that Abercrombie & Kent Villas are privately owned residences.
2. AMENDMENTS & CANCELLATION
(a) Amendments by you The Company will make every effort to assist you if you wish to alter your arrangements. Requests for an amendment must be in writing, signed by the lead name on the booking. If it is possible to make the amendment, it will be subject to an amendment charge of £50 (or equivalent in Euros or US dollars) per booking, together with all communication charges or other expenses incurred by the Company as a result of the change. These charges will be payable whether or not the Company succeeds in confirming your requested amendment. Please note that save for the transfer of a booking (see below), it will not be possible to make changes within 28 days of your departure date. Your request may be treated as a cancellation and re-booking and the normal cancellation charges detailed in paragraph (b) below will apply dependent upon the conditions imposed by our suppliers: If you are unavoidably prevented from taking your holiday, by reason of, for example, illness, jury service, redundancy, unavoidable work commitments or the death or serious illness of a close family member, it may be possible to transfer your booking to a person acceptable to the Company, (but it should be noted that some suppliers consider any change of name as a cancellation, thereby attracting cancellation fees of up to the full value of the service) provided that:
(i) if you request a transfer in writing allow reasonable time for the changes to be communicated to, and accepted by, the supplier.
(ii) your request is accompanied by documentary proof of the reason for the transfer, any tickets or vouchers received from the company, full detail, of the person who will replace you, any balance due for the booking and the appropriate administration fee (see below).
(iii) your replacement agrees to be bound by these booking conditions. The administration fee will be £50 (or equivalent in Euros or US dollars) per person. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to the Company for payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of your holiday charges.
(b) Cancellation by you
All cancellations must be advised in writing, signed by the lead name on the booking and sent to the Company at St George's House, Ambrose Street, Cheltenham, Glos. GL50 3LG. Cancellations are effective on the day they are received by the Company. Recorded delivery is strongly recommended. The following cancellation charges will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation.
Days prior to Departure Date % of Total Holiday Cost Written Advice of Cancellation Received
More than 70 days (10 weeks) Loss of deposit
70 days or fewer 100% of total holiday cost
During holiday 100% of total holiday cost
We strongly recommend that you secure adequate travel insurance, which should in most cases, include cover, under certain circumstances, against loss of deposit or cancellation fees, at the time of booking.
(c) Re-booking following a cancellation
Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancellation terms within these booking conditions. Abercrombie & Kent Villas may use their absolute discretion however to transfer some or all of any monies already paid by you to the alternative booking. If the alternative booking requires a greater deposit than has already been paid then the balance between what is required as a deposit and any deposits already paid becomes due.
(d) Accuracy of information
We check the information which we provide about our holidays very carefully. However, tours, excursions or other additional services may change as a result of local conditions. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure.
(e) Amendments by the Company
Great care is taken to ensure that the description and prices provided are accurate at the time of quotation or publication. However, changes can occur, and the Company reserves the right to change any of the details, including prices, in which case the Company will advise you of any such change before accepting your booking. After a Confirmation Invoice has been issued, the Company makes every effort to operate all holidays as advertised. We plan arrangements a long time in advance of your holiday using independent suppliers such as villa and apartment owners, local transport operators, vehicle rental agencies and guides, over whom we have no direct control. In very rare circumstances, the Company may have to modify a holiday before you depart. Most of these changes are minor. However, if we consider them a material change we will notify you or your travel agent as soon as reasonably practicable. A material change includes a change of destination or a change to a lower standard accommodation, and/or price. In the case of a material change before your departure we will provide you with three alternatives. You may accept the modification, you may change your booking to another available holiday, or you may cancel and receive a full and prompt refund. If you choose another holiday which is more expensive you must pay the difference, but if it is cheaper, the Company will make the appropriate refund. If you cancel and receive a full refund following a material change made for any reason other than force majeure you will receive the following compensation, calculated according to the number of days prior to departure that you are notified of the change.
Days prior to Departure Date Compensation Per Person
when Notification of Change is sent
More than 42 days £10
29 – 42 days prior £20
15 – 28 days prior £25
0 – 14 days prior £30
Force majeure means unusual and unforeseeable circumstances beyond the Company's control or the control of our suppliers, the consequence of which neither the Company nor its suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity, (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers. We will not cancel your villa arrangement, less than 10 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If there is a minor change before you depart (that is, any change not included in the definition of a material change set out above), the Company will try to notify you, although it is not obliged to do so, nor is it obliged to pay any compensation. lf the Company becomes unable to provide a significant proportion of your holiday after it has commenced, every effort will be made to provide suitable alternative arrangements, which will be made for you at no extra charge to you or, alternatively, you will be returned to your point of departure and the company will, where appropriate, pay compensation.
(f) Cancellation by the Company
We reserve the right in any circumstances to cancel your holiday for any reason. If you fail to pay the balance of the holiday price at least 10 weeks (70 days) before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out in paragraph 2(b). If the Company is obliged to cancel your holiday in any other circumstances before departure, the Company will use its best endeavours to offer alternative arrangements of equivalent or very closely similar standard and price, if available; travel arrangements of a lower standard and a refund of the difference in price; or will give you a full and prompt refund of all monies paid. In addition, unless the cancellation has been caused by force majeure or low bookings, the Company will pay you compensation as set out in paragraph 2(e).
3. PRICE POLICY
(a) All prices are based upon current exchange rates and are valid for 14 days from the time of quotation.
(b) Rental prices are quoted on a per week basis unless otherwise stated.
(c) The Company is under no obligation to give a breakdown of the costs involved in a holiday.
(d) The Company reserves the right to notify you of an increase in the brochure or advertised price before accepting your booking.
(e) The price of your travel arrangements can be varied due to changes in transportation costs such as fuel including the cost of fuel, dues, taxes, fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, exchange rates, meaning that the price of your travel arrangements may change after you have booked. Government actions such as changes in VAT or any other government imposed changes and currency changes in relation to an exchange rate variation may also vary the price after you have booked. We reserve the right to pass such charges on to you by way of a surcharge. Where you have booked a package with us, we will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. You will be charged for any increase over and above that, plus an administrative charge of £1 per person together with an amount to cover agents' commission. This means that if you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Alternatively you may accept an offer of alternative travel arrangements from the Company, if we are able to offer a suitable alternative and transfer payment made in respect of the original holiday to the alternative holiday. If the cost of the alternative holiday is less than the original the difference in price will be refunded. The Company will also pay compensation as set out in clause 2(e) above. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
(f) Optionally, you may choose to pay for your holiday in full at the time of booking, in which case your holiday price will be fixed at the cost quoted by the Company at that time. To qualify for this benefit you should return the Confirmation Invoice to the Company with full payment to reach the Company within 7 days of the date when the Confirmation Invoice was first posted to you.
4. RESPONSIBILITIES OF THE COMPANY
1) For accommodation only bookings, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, any liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents, would rest with the suppliers/ subcontractors.
2) For packages booked with us, we will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted package holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(i) the act(s) and/or omission(s) of the person(s) affected;
(ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or (iii)unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(iv)an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(i) for loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind;
(ii) for claims not falling under 4(i) above and which don’t involve injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(iii) for claims in respect of international travel by air, sea and rail, or any stay in a hotel, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
5) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
6) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
7) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.
8) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For exampleany excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
9) The descriptions, information and opinions provided by the Company in respect of the villas, apartments and other suppliers whose services are used are given in good faith, based on the latest information available at the time of printing.
10) Our acceptance of liability is also conditional upon you following the procedures for notification of complaints set out in Clause 11, and upon you assigning to the Company any right you may have against any other person whose acts or omissions have given rise to the Company's liability.
11) We cannot be held responsible for the failure of public utilities such as water, gas and electricity. We can also not accept any responsibility for any problems that you encounter in connecting to the internet, for any reason. We would ask clients to advise their A&K Host or local representative as soon as they are aware of any such problems, and, whilst every effort will be made to repair / replace as quickly as possible, this cannot be guaranteed due to the location and style of the properties, as well as the technical variability and potential incompatibility of networks, hardware and software.
12) Our suppliers (such as transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider's or other supplier's liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier.
13) If we make any payment to you or any member of your party for death, personal injury or illness, you must co-operate fully with us in seeking recovery of any payment we make.
14) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. Abercrombie & Kent Villas has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You must have adequate travel insurance for your holiday and should claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to above.
15) We can accept no responsibility for the existence or occurrence of animals or insects in or around villas.
5. YOUR RESPONSIBILITIES
(a) Before making a booking, we advise you to check advice issued by the Foreign & Commonwealth Office on your preferred destination by accessing the website: www.fco.gov.uk/knowbeforeyougo/ or by calling the Foreign Office Travel Advice Unit on 0845 850 2829. If the Foreign Office advises that people should not visit a particular country, we will act on this advice. US residents who are planning a holiday with us should be aware that the US State Department issues a travel warning when, based on all relevant information, it determines that Americans should avoid travel to or within a certain nation. The State Department maintains a list of nations under a travel warning on its website at: http://travel.state.gov/travel/cis_pa_tw/tw/tw_1764.html American travellers are advised to check this before making a booking.
(b) It is important that you check the details on your Confirmation Invoice when you receive it. In the event of any discrepancy, you should contact the company or your travel agent.
(c) General information concerning passport, visa and health requirements applicable to UK & US Citizens is set out in the above web-sites. However, such requirements are subject to change and you must check current requirements before departure. You will need a full 10 year passport to travel which is valid for six months after the date of your return. Some destinations also require visas and you should contact the Embassy or Consulate of the country which you are planning to visit in good time before you travel. You should also contact your medical advisor or a specialist vaccination centre for details of the measures you will need to take prior to departure. All children should travel on full passports. It is your responsibility to obtain all documents required for your holiday, including passports, visas, heath certificates and international driving licenses, to ensure that these are in proper order and to take them with you. We will not be liable to make any refund or pay compensation if you or any member of your party is unable to proceed with the holiday as planned because of incorrect or missing personal documents.
(d) You are responsible for checking-in for flights at the correct time and for presenting yourself to take up all pre-booked components of your holiday. The Company cannot accept responsibility for clients missing flights as a result of late check-ins and no credit or refunds will be given if you fail to take up any component of your holiday. No credit or refunds will be given for lost, mislaid or destroyed travel documents.
(e) Most people go on holiday for rest and relaxation, so if in our reasonable opinion or that of any villa or apartment owner/manager, A&K Host or other person in authority, your behaviour is causing danger, damage to property or persistently affecting the enjoyment of others, we reserve the right to terminate your holiday. Should this happen no refund or compensation would be paid.
(f) If you lose any personal items whilst on holiday, please obtain a written report from the police, to help with any insurance claim upon your return.
(g) Linen is included in all our villas but it is advisable to take beach towels and cot bedding. Linen is normally changed once per week.
(h) Only those persons named on your booking confirmation may use the property without prior arrangement. The number of people staying at the property must not exceed the number of sleeping places indicated in our documentation or proposal except in the case of infants under two years. Some properties will limit the number of infants allowed under two years. Should you over-occupy the indicated sleeping places without previous agreement further charges may be levied or occupancy of the villa may be terminated without refund.
(i) Photography or film taken at villas cannot be used for commercial use or sold for profit without the authorisation of The Company.
(j) The lead name on your bookingis responsible for the correct behaviour of the party. Should you or your party not behave in such a manner the villa keyholder may at his absolute discretion ask you and your party to vacate the villa without refund of the price paid.
(k) The property will be clean at the beginning of your rental period and you must leave it clean on your departure.
(l) You are responsible for any loss or damage that you or members of your party may cause to a villa or its contents. You are required to report any damage to the property owner, guardian or agent, and to bear the cost of repair or replacement. Extra charges for cleaning will be payable if you do not leave your rental property as you found it.
It is a condition of your contract with us that you and all members of your party have comprehensive travel insurance cover and that it is adequate for your needs. Your policy of insurance should provide cover for personal injury, death, medical and repatriation costs in the countries which you intend to visit, together with cover for loss of baggage and valuables, personal liability, delay, cancellation, curtailment, missed departure and legal expenses. If you suffer from a disability or medical condition you should disclose this to insurers. For those who participate in sports and activities whilst on holiday that have been organised and arranged independently of us, it should be understood that participation is at the individual's own risk and it is your responsibility to obtain the relevant insurance. Note that special insurance may be required if you intend to scuba dive or undertake any other dangerous or sports activities, including winter sports such as skiing, snowboarding or similar. Please keep your insurance details with you whilst on holiday. Please forward a copy of the insurance certificate, with policy number and emergency number. Please note that we do not check insurance policies for suitability. Abercrombie & Kent Villas is unfortunately not able to provide insurance cover nor can the Company be held liable for any loss incurred through failure to take adequate insurance.
(a) As between you and the suppliers of the transport, accommodation and other components making up your holiday, the conditions of the supplier will apply. These conditions may be subject to international Conventions which limit and/or restrict the suppliers' liability. (Copies are available on request – please allow 28 days). Under EU law you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicized at EU airports, and will also be available from your airline. Reimbursement in these cases is the responsibility of the airline and will not automatically entitle you to refund of your holiday cost from the Company. Your rights to compensation from the Company is set out in clause 2(e). If your airline does not acknowledge your rights, you should complain to the Air Transport Users' Council on www.auc.org.uk.
(b) Some activities carry inherent risks and if you are participating in such activities you may be asked to sign an additional form by the local supplier. In rare cases beginners may have to take lessons at a charge before being permitted to use suppliers equipment otherwise offered free.
Please note that when you book an excursion locally you contract with the local company providing that excursion and not the Company. The Company has no legal liability for anything that goes wrong on such an excursion and any claim which you might have arising out of the excursion will be against the relevant local company and subject to the local company's terms and conditions.
9. DATA PROTECTION ACT
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide such as your name, and address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, apartments, transport companies and so on. The information may also be provided to security or credit checking companies, public authorities such as customs and immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however, pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If, however, we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot accept your booking. In making a booking, you consent to this information being passed on to the relevant persons. Please note that where information is also held by your travel agent, this is subject to your agents own data protection policy. You are entitled to a copy of your information held by us. If you would like to see this please contact the Company during normal working hours. (We make a small charge for providing this to you).
10. ILLNESS AND DISABILITY
If you or any member of your party suffer from a disability or other medical condition you must tell us before you book. Abercrombie & Kent Villas is happy to give you advice and to try to assist you in choosing a holiday that will meet your requirements. Air travel can cause problems for some people with circulatory or bronchial problems, such as deep vein thrombosis. It is inadvisable for anyone with high blood pressure or respiratory problems to visit high altitudes. You should consult your doctor for advice before you book and in good time before your departure. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
11. IF YOU HAVE A PROBLEM
(a) If you are unhappy with any aspect of the Company's arrangements while you are on holiday, you must address your complaint immediately to the Company's local representative (or, if none, to the Company) and to the management of the property or other supplier whose services are involved. They will do their best to rectify the situation. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to the Company in writing to arrive within 30 days of your return. We will do our best to investigate and reply to you within 28 days of receipt of your letter. Failure to take either of these steps will deny the Company the opportunity to resolve the problem immediately and/or investigate it properly. In consequence, this may affect your rights under this contract.
(b) We are a Member of ABTA, membership number V6398. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
12. GOVERNING LAW
This contract and any matters arising from it are governed by the laws of England and Wales and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.
13. RENTAL PROPERTY DESCRIPTIONS
Every effort is made to ensure that the details, description and prices contained in our documentation and web-site are correct, based on inspections, and information passed to the Company by its suppliers. However changes do occur, sometimes at short notice and therefore the Company will advise you at the time of booking, or if after booking as soon as possible of any such changes to our published information. It is not always possible for the Company to control all elements of the holiday whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency repair works, etc.
14. FINANCIAL PROTECTION
We provide full financial protection for our package holidays. When you buy an ATOL protected air holiday package from us you will receive a Confirmation Invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our Air Travel Organiser’s Licence number 2881. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advance booking. For further information visit the ATOL website at www.atol.org.uk When you buy a package holiday that doesn’t include a flight, protection is provided by way of a bond held by ABTA. For further information visit www.abta.com and www.atol.org.uk.
15. DATA PROTECTION AND PRIVACY