Terms and Conditions – ROW Villa
Created: 03 November 2021
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- he/she has read these Terms and Conditions and has the authority to and does agree to be bound by them;
- he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
- He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1. BOOKING PROCEDURE
(a) To secure your booking we require a minimum deposit of 30% of the total booking cost or such other amount as advised by the company. If you are booking within 70 days of departure, then full payment is required at the time of booking. Payment can be made by bank transfer, cheque in favour of Abercrombie & Kent Villas Limited (in US dollar, GBP sterling or Euro) or by most major credit cards. If for any reason we do not accept your booking your deposit will be returned. Some suppliers and holidays over peak seasons may require higher deposits at the time of booking. You will be notified of these requirements before you pay your deposit.
(b) Special Requests such as diet, a particular facility or flight seat which are an important factor in the choice of your holiday, should be indicated in writing at the time of booking. We will pass your request on to the villa but cannot guarantee that it will be accommodated. We will also pass on any dietary requirements to airlines, but we recommend that you check directly with the airline once your tickets have been issued. 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 70 days prior to departure.
(c) On receipt of your correct deposit we will book your arrangements and issue a Confirmation Invoice. A contract will come into existence on the date on which we issue a Confirmation Invoice.
(d) It is important for you to check the details on the Confirmation Invoice as soon as you get it as this sets out the services we have agreed to provide. In the event of any discrepancy please contact us (or if you booked via an authorised agent of ours, that agent) immediately. If you arrange your holiday directly with the Company all correspondence and other communications will be sent to the address of the person who made the initial payment unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
(e) 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. Any money paid to a travel agent in respect of a booking is held by that travel agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times, but subject to the agent’s obligation to pay it to us for so long as we do not fail financially. If we do fail financially, any money held at that time by the agent or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of the Company and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to the Company.
(f) The final balance is due no later than 70 days before departure. If this is not paid in time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 2 below will become payable.
(g) 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 approximately 14 days prior to your departure.
(h) Security Deposit - As a condition of your booking we shall also ask you to lodge a Security Deposit at the point of making a booking amounting to 20% of the total holiday price (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 wilful or accidental damage by members of the party that may occur during your stay or for any unpaid charges or fees incurred. The Security Deposit is taken as a credit card pre-authorisation given at the time of booking. If the property owner does not advise us within 30 days of any claim they have in respect of damage, loss or unpaid amounts this security deposit will be destroyed.
It is essential that you reconcile any damages or extra costs incurred with villa owners or agents prior to departure from the property, as you authorise the Company to automatically debit your security deposit to the value instructed by owners or their agents for any such charges. The Company is 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 villas sold by the Company are privately owned residences.
2. AMENDMENTS & CANCELLATIONS
(a) Amendments by you
The Company will make every effort to assist you if you wish to alter your arrangements, but it may not always be possible. Requests for an amendment must be in writing and signed by the person who made the initial payment. 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 person, together with all 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. Scheduled airlines normally regard name changes as a cancellation and rebooking, and any alteration may incur a 100% cancellation charge in respect of the air fare. Please note that 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 clause 2(b) below will apply dependent upon the conditions imposed by our suppliers.
If you wish to change your arrangements whilst on your holiday, all costs are payable by you.
Date amendments: Should you wish to amend the date of departure of your trip this will follow the rules outlined in part 2(a) above. The new departure date must be initiated within six months of the original date of departure. If travel commences after six months of the original holiday departure date this will be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 2(c) will apply. If the amended date of departure increases the price of your trip, this increase will be payable by you.
(b) Cancellation by you
All cancellation requests must be in writing, by the person who made the initial payment. Cancellations are effective on the day they are received by the Company. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation.
Written advice of cancellation received
Days prior to departure
% of total holiday cost
71 days or more (10 weeks)
Loss of deposit
70 days or fewer
100% of total holiday cost
100% of total holiday cost
We will deduct the cancellation charge(s) from any monies you have already paid to us. Amendment charges are not refundable in any circumstances.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
Please note that at certain times of year, peak season, stricter cancellation conditions may apply. Any such revised conditions will be notified to you prior to booking.
We strongly recommend that you secure adequate travel insurance, as per clause 6 below.
(c) Cutting your trip short
If you are forced to return home early, the Company cannot refund the cost of any travel arrangements you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, the Company will not offer you any refund for that part of your holiday not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
(d) 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 Terms and Conditions. If the alternative booking requires a greater deposit than has already been paid (after deducting cancellation fees) then the balance between what is required as a deposit and any sums already paid becomes due and payable by you.
(e) Accuracy of information
We check the information which we provide about our holidays very carefully. However, tour, excursion 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 as soon as possible prior to your departure.
This clause 2 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
(f) Amendments by the Company
Great care is taken to ensure that the description and prices given in our brochures and on our website are accurate at the time of publication. However, changes can occur, and the Company reserves the right to change any of the details in company literature, 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, and we reserve the right to make such changes.
Most of these changes are minor. If we make a minor change to your holiday, we will make reasonable efforts to inform you or your travel agent as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include alteration of your outward/return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same or higher standard and changes of carriers.
We also deem certain Covid-19 related travel and destination requirements as minor changes in that we do not expect these changes to significantly affect the performance of the holiday or your overall holiday enjoyment. Such changes may include the requirement to wear face masks, make regular use of sanitising stations and maintain social distancing. Some changes may also affect the availability of certain services and facilities. We expect all guests to adhere to the local and national guidance that is in force at the destination and whilst travelling to and from the destination. Please see clause 15 for more information.
Occasionally we may have to make a significant change to your confirmed arrangements. Examples of “significant changes” include the following, when made before departure: a change of flight time by more than 12 hours, a change of international airport (except between airports serving the same city), a change of destination or a change to a lower standard accommodation, and/or price. If we have to make a significant change, we will tell you as soon as possible and if there is time to do so before departure, we will provide you with three alternatives. You may accept the modification, you may change your booking to another available and comparable holiday, or you may cancel and receive a full and prompt refund. If you choose another holiday which is cheaper, the Company will make the appropriate refund.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
(g) Cancellation by the Company
We reserve the right in any circumstances to cancel your holiday for any reason. However, we will not cancel your holiday less than 70 days before your departure date, except for reasons of Force Majeure or failure by you to pay the final balance. If you fail to pay the balance of the holiday price at least 70 days before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out in clause 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.
3. PRICE POLICY
(a) We reserve the right to alter the prices of any of the unsold villas shown in our brochure or on our website and correct errors in the prices of confirmed holidays. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
(b) The Company is under no obligation to give a breakdown of the costs involved in a holiday.
(c) The Company reserves the right to notify you of an increase in the brochure or advertised price before accepting your booking and prices may go up or down. While we do our utmost to avoid such a scenario, due to human or computer error there may on occasion be an incorrect price shown in a brochure or online. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or within 7 days of the time of booking, or as soon as reasonably possible. We do have to reserve all our rights in a situation such as this which may include cancelling a holiday if the actual price applicable to the holiday is not acceptable to you. We will of course allow you to amend your holiday with us, if you so wish, to an alternative holiday at the correct price.
(d) We also reserve the right to increase the price of confirmed holidays solely to allow for increases which are a direct consequence of changes in:
- the price of the carriage of passengers resulting from the cost of fuel or other power sources;
- the level of taxes or fees chargeable for services applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
- the exchange rates relevant to the holiday.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
(e) We will absorb and you will not be charged for any increase equivalent to two per cent of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that. However, if this means that you have to pay an increase of more than eight per cent of the price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date printed on your final invoice.
(f) Should the price of your holiday go down due to the changes mentioned above, then any refund due will be paid to you less an administrative fee of £50. 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.
(g) There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.
4. LIMITS ON A&K’S RESPONSIBILITIES
(a) 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 do not own any of the properties which we market and sell and 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.
(b) For all bookings made with us, the suppliers/subcontractors and properties we select to market and sell are of a certain standard which we consider suitable to be associated with our brand. Many of these properties come with a high number of amenities and are also located in remote regions. Notwithstanding the high standards we expect from our suppliers/subcontractors and the properties we select, unexpected breakages, breakdowns and faults may occur in one or more of the amenities provided on the property notwithstanding regular servicing and maintenance. We will endeavour at all times to ensure our suppliers/subcontractors repair and replace any faulty amenities in the fastest time possible using reasonable endeavours however, we cannot be held liable for breakages, breakdowns and faults and we will not provide compensation in the event such breakages, breakdowns and faults occur.
(c) In addition and without limitation, the A&K Parties are not responsible for any injury, financial or physical loss, death, inconvenience, delay or damage to personal property in connection with the provision of any goods or services whether resulting from but not limited to acts of God or force majeure, illness, disease, acts of war, civil unrest, insurrection or revolt, animals, strikes or other labor activities, criminal or terrorist activities of any kind, overbooking or downgrading of services, food poisoning, mechanical or other failure of aircraft or other means of transportation or for failure of any transportation mechanism to arrive or depart on time.
(d) Our suppliers (such as accommodation or transport providers) have their own Terms and 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.
(e) If we make any payment, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us or our insurers any rights they may have to pursue any third party and must co-operate fully with us in seeking recovery of any payment we make and any other assistance we may reasonably require.
(f) 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.
(g) 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 example, any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
(h) 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 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.
(i) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. The Company 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.
(j) We can accept no responsibility for the existence or occurrence of animals or insects in or around villas.
(k) Please be aware that the Company accepts no responsibility or liability for any destination that imposes access restrictions or otherwise hinders peaceful enjoyment of destination services and facilities based upon race, gender or sexual preference. The Company will provide general information in line with its obligations; however, you accept that it is your responsibility to thoroughly research your intended destination to ensure that it satisfactorily meets your holiday needs and requirements.
5. YOUR RESPONSIBILITIES
(a) Make yourself travel aware - Before making a booking, please consult the travel advice produced by the government of your home jurisdiction, the government who issued the passport and/or visa you intend to travel under and the government of your destination. Advice can change, so always check regularly for the latest updates.
(b) In the event of active government advice and warnings against travel to a specific destination or location(s) of a trip, should the traveller still choose to travel, notwithstanding such travel advisory or warning, the traveller assumes all risks of loss, personal injury, death or property damage from any event that may arise out of or associated with the travel advice or warnings given.
(c) 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.
(d) General information concerning passport, visa and health requirements; most countries require that passengers’ passports are valid for at least six months after the completion of their journey, and/or contains blank pages (for visas). Some destinations also require visas and additional documentation 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 recommend that if you are travelling with a child (particularly one that does not share your surname or if travelling without one or both parents), you check the entry requirements for your destination. Certain countries have introduced additional requirements, such as documentation that proves your relationship to the child as well as documentation that proves you have permission to travel with them. The Company cannot be held responsible should you or any member of your travelling party be denied entry to a country and the Company does not accept any responsibility or if you incur any other loss due to non-compliance with these requirements. Please consult the travel advice produced by the government of your home jurisdiction, the government who issued the passport and/or visa you intend to travel under and the government of your destination for further details. 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, or any other failure to meet passport, visa or immigration requirements. You agree to reimburse the Company in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
(e) Where you book flights with us, approximately 7 days before departure you will receive your flight tickets. Please ensure that you check the names and flight timings on your tickets carefully and contact us immediately if you have any queries. The correct timings, using the 24-hour clock system, may have been adjusted since you received your Confirmation Invoice.
(f) 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 any delay which is due to force majeure or 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.
(g) All our customers are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of any person in authority your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the villa owner or other supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
(h) If you lose, or have stolen, any personal items whilst on holiday, please obtain a written report from the police, to help with any insurance claim upon your return.
(i) 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.
(j) Only those persons named on your Confirmation Invoice 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.
(k) Photography or film taken at villas cannot be used for commercial use or sold for profit without the authorisation of The Company.
(l) The lead name on your booking is 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.
(m) The property will be clean at the beginning of your rental period and you must leave it clean on your departure, in accordance with the guidelines provided in the welcome book.
(n) You are responsible for the costs of any damage to the accommodation and/or any extra charges incurred with our suppliers during your holiday. 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. Should you fail to agree and make such payment at the time the charges and/or costs are incurred or prior to your departure, you will be liable to reimburse us for these and you authorise the Company to automatically debit your security deposit to the value instructed by the supplier for any such costs and/or charges.
We cannot emphasise enough the importance of purchasing comprehensive travel insurance prior to date of travel. This insurance should be commensurate to the value of your booking, and cover cancellation and curtailment, all medical expenses including evacuation/repatriation, personal baggage, personal liability, death and permanent disability and travel document insurance. 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. Please keep your insurance details with you whilst on holiday.
7. AIRLINES AND OTHER SUPPLIERS
(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)
(b) Transport timings are provided by the carrier concerned and are subject to such matters as weather conditions, maintenance requirements, the ability of passengers to check-in on time and, in the case of flights, to air traffic control restrictions. Accordingly, the times of flights and other forms of transport are estimates only and cannot be guaranteed.
(c) As airlines regularly overbook, we recommend that you check in on-line as soon as you are notified by the airline that check-in is available or 24 hours before departure. If you do not check-in online or unable to, we recommend that you arrive at the airport 3 hours prior to departure as airlines have been known to re-allocate seats in the event of late arrivals. The Company is unable to check you in and it is your responsibility to ensure that you are checked in within the appropriate time. The Company is not responsible or liable if you are downgraded an airline class as a result of the airline overbooking the class in which you are booked. Seat reservations are at the discretion of the airline and may be changed at any time without notice.
(d) The majority of airlines have introduced a total smoking ban on most or all of their flights. Please ask before booking if this information is important to you.
(e) 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 supplier’s 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. The Company will, at its discretion offer advice, guidance and assistance if you or any member of your party suffer death, illness or injury arising out of an activity which does not form part of your holiday with the Company, or an excursion arranged locally. Where legal action is contemplated and you want the Company's assistance, you must obtain the Company's written consent prior to commencement of proceedings. The Company's consent will be given subject to you undertaking to assign any costs, or benefits received and any relevant insurance policy to the Company. We limit the cost of the Company's assistance to you or any member of your party to £5,000.
9. 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. The Company is happy to give you advice and to try to assist you in choosing a holiday that will meet your requirements. However, many of our villa holidays are in destinations which are off the beaten track and lack even the simplest facilities for disabled guests such as ramps for wheelchairs, lifts, and so on. Medical facilities may not be readily available. In order to assist you we must be provided prior to booking with full written details regarding your medical condition and any special requirements which result from this. An appropriate medical form will be sent to you for this purpose. 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. We cannot accept any liability if we are not told about any mobility/medical issues before travel. You must advise us of any changes to your level of mobility or medical condition which may affect your holiday between the point of booking and when you travel. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking.
10. 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 ideally 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) In the rare event of a dispute which cannot be amicably settled, you may (if you wish) use ABTA’s approved Alternative Dispute Resolution (ADR) scheme, available through www.abta.com which, though devised by arrangement with the Association of British Travel Agents, is administered quite independently by Hunt ADR. The scheme (details of which will be supplied on request) provides for a simple and inexpensive method of arbitration on documents alone, with restricted liability on holidaymakers in respect of costs.
11. GOVERNING LAW
These Terms and Conditions and any matters arising from it are governed in all respects by the laws of England and Wales. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales. You may, however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so.
12. RENTAL PROPERTY DESCRIPTIONS
Every effort is made to ensure that the details, description and prices contained in company literature is 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.
13. PROMPT ASSISTANCE
If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these Terms and Conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
14. FORCE MAJEURE
Except where otherwise expressly stated in these Terms and Conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by “Force Majeure”. For the purposes of these Terms and Conditions, Force Majeure means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as pandemics, epidemics or the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside ours or the control of the supplier(s) concerned.
15. COVID-19 ACKNOWLEDGEMENT AND ADDITIONAL HOLIDAY INFORMATION
(a) Guests must sign an acknowledgement attesting to their fitness to travel and agreeing to comply with all health protocols as directed by the Company’s staff during their journey.
(b) The Company will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment, curtailment of your holiday, missed transport arrangement and additional accommodation required), in the following circumstances:
- Prior to departure, you have been diagnosed or have otherwise been in contact with someone who has been diagnosed with Covid-19 and are no longer able to travel and/or required to self-isolate;
- After your departure and during your holiday, you have been diagnosed or have otherwise been in contact with someone who has been diagnosed with Covid-19 and are required to self-isolate.
- You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or any other government body or local authority or fail to submit for testing or assessment when requested to do so and consequently you are denied boarding, denied entry to the destination or otherwise denied access to any of your travel arrangements. This includes any requirement to be fully vaccinated (including any and all necessary boosters) and for that vaccination to be valid, in-date and accepted by the country(s) which you are travelling to.
(c) In response to the Covid-19 global crisis, each destination has implemented their own health and safety measures and precautions in an attempt to combat the spread of the disease. Specific regions, resorts, event organisers and suppliers have also introduced their own health and safety measures in line with government advice (local or national), depending on their capacity and ability to take certain precautions. It is your responsibility to make yourself aware of and comply with the measures that are in place at the travel destination, resort or other accommodation you have booked, Health and safety measures and requirements may also vary for each activity, tour and other excursions and travel arrangements you have booked.
These measures may be mandatory and it is essential that you and any members of your party comply with and respect any local and national health and safety measures throughout the duration of your holiday as you could face penalties for failing to do so. Such measures may include, but are not limited to, social distancing, the use of facemasks both indoors and outdoors, a maximum number of households or people in the accommodation or other facilities and restrictions on the use of certain facilities. They may also include a requirement for you to take a specific Covid-19 test and show a negative result or proof of recent recovery of Covid-19 or show proof of being fully vaccinated (including any and all necessary boosters) and for that vaccination to be valid, in-date and accepted by that specific supplier, destination, resort etc. We will not be liable for any costs, fees, charges or penalties you incur from your failure to comply with any mandatory requirements or measures.
Where possible, we will make you aware in advance of any mandatory measures that are in place at your travel destination and/or in place at any of the travel arrangements that you have booked. However, it is your responsibility to check the measures and requirements that are in place at your travel destination and ensure you are checking these regularly before your departure date. For further information we suggest you visit the foreign office or government pages of your respective country of residence and search for the country(s) you are planning to travel to, as well as the website and/or terms and conditions of your specific travel arrangements.
(d) It is your responsibility to check the entry requirement for the destination(s) you are travelling to as many countries have introduced additional entry requirements. Entry requirements may include, but are not limited to, proof of a negative Covid-19 test taken at a certain point prior to your departure date, additional Covid-19 test(s) taken at certain points during your holiday or proof of a Covid-19 vaccination (including any and all necessary boosters) and for that vaccination to be valid, in-date and accepted by the country(ies) which you are travelling to. In addition to these requirements, you may be required to complete and present additional travel documentation beforehand detailing any destination you have travelled through/visited recently and whether you have been diagnosed or been in contact with anyone who has been diagnosed with Covid-19 recently. If you fail to complete and/or present the above when required, or if you fail any health check, you may be denied boarding and entry to your travel destination(s). We do not accept responsibility if you cannot travel and we are not liable for any costs, fees or charges you incur if you have not complied with the requirements or if you fail any health check. Unless stated otherwise, you will be responsible for the cost of any Covid-19 tests that you are required to have before and/or after your departure.
Entry requirements are likely to differ for each country and may change before your departure date. Therefore, it is important that you keep up to date with the entry requirements that are in place for your travel destination(s).
Where possible, we will make you aware in advance of any entry requirements that apply to your travel destination(s) and will attempt to notify you without delay if any of the entry requirements change before your departure date, but it is your responsibility to make yourself aware of the above and regularly check for the most up to date information up until the point of your departure. For further information on entry requirements, we suggest you visit the foreign office or government pages of your respective country of residence and search for the country(s) you are planning to travel to, as well as the website and/or terms and conditions of your specific travel arrangements.
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 ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
You agree to accept that in the event of our insolvency, ABTA may arrange for the travel services you have booked to continue, or for a suitable alternative to be provided at the same cost of your original booking. You also agree to accept that in circumstances where the travel services supplier provides the services you have booked, you agree to pay any outstanding sum under your contract with us to that alternative travel service provider. However, you also agree that in some cases the services will not be provided, in which case you will be entitled to make a claim under ABTA’s Scheme of Protection (or your payment card issuer where applicable) for a refund of the monies you have paid.
Villa Rental - Inclusions
The Villa rental includes, unless otherwise stated:
- Villa rental on an exclusive basis
- Utilities (gas, water, electricity)
- Towels, pool towels and bed linen as standard
- 1 cot & highchair (cot linen not provided)
- A Local Representative of the Company will arrange to meet you on your arrival weekend and is then on call 24/7 in case of emergency. In some cases, a Representative of the Company is not required as the villa will have its own competent, local manager. All Villas clients are able to call an emergency Duty Manager of the Company.
- Comprehensive information pack
- Local taxes and administration charges.
- 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 and other services can vary from property to property.
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.
- 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 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 the Company has a policy not to recommend or endorse childcare 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 childcare 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 childcare 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 childcare 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, should clients decide to enter into arrangements with the local staff at the villa, any such arrangements are made entirely at the client's discretion and the Company 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 local representative. Please note that there is a service charge 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, 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. We ask all Villa Owners to provide all Villas with suitable security measures, however, it is your responsibility to ensure the available measures are used when necessary, including when leaving the property, when spending time in the pool or rear gardens and overnight. This may include, where available, locking doors, closing and securing shutters, securing valuables in a safe and setting security systems, The Company cannot accept any responsibility for any loss resulting from failure to follow these steps. 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 the Company 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 familiarise 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 Villas 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 the Company 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 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 as 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 the Company 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 sport 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 carefully considering the model of vehicle you choose to drive. Your Villas Consultant will be able to advise you on this.
Facilities or Infants
All properties will contain at least one cot and one highchair. 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, but sadly the weather is not one of them. The Company 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.
Our Villa owners request that guests refrain from smoking inside the villa and ask that cigarette ends and ash are disposed of carefully away from the villa grounds.
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.