In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as appropriate for the context. The “Owner” means the owner(s) of the property you book or wish to book through Quality Villas or other person(s) who is legally able to enter into a contract with you for the rental of the property in accordance with these booking conditions. “Owners” means all owners and other such persons whose properties (“properties” or “property”) are marketed by Quality Villas. ”We”, “us”, “our”, “Quality Villas” and “Agent” means Quality Villas Limited of 325 High Street, Berkhamsted, Hertfordshire, HP4 1AL, UK.
1.GENERAL 1.1 We act solely as agents for the Owners. When you make a booking for a property, you will enter into a contract with the Owner for the use of the property and any services which the Owner agrees to provide or arrange for you. The Owners have agreed that these booking conditions will form the basis of your contract with the Owner. Owners, however, reserve the right to vary or add to these conditions either generally or in relation to any particular booking. Where this is the case for your booking, we will advise you at the time of booking. References to “booking conditions” means these booking conditions as varied or added to by the Owner prior to confirmation of your booking.
1.2 These booking conditions also set out the basis on which Quality Villas advertises properties and accepts and administers bookings. They also set out our relationship with Owners more generally and our liability for the booking service we provide.
1.3 We are not a property management company. The Owner and the Agent reserve the right to refuse a booking without giving any reason.
2. HOW TO BOOK 2.1 You must contact us before making a booking to obtain confirmation of availability. Subject to availability, and on your request, a provisional reservation with the Owner will then be made. The following must then be sent to us within 24 hours:
(a) The payments referred to in clause 3.1 below. (NB: Payment MUST be made by credit/debit card/bank transfer within 24 hours of the provisional reservation being made. Failure to meet this requirement may result in a cancellation of the provisional booking).
(b) The completed booking form. The hard copy booking form needs to be signed by the person who makes the booking (“lead name”) and either posted, faxed or scanned and e-mailed to us. Alternatively, where available, the lead name may complete and submit our electronic booking form online.
2.2 All bookings are subject to these booking conditions (as varied or added to by the Owner). By asking us to make your booking with the Owner, the lead name confirms that he/she and all persons named on the booking have read, understand and agree to these booking conditions. The lead name must be at least 18, be a member of the party occupying the property and confirms he/she is authorised by you to make the booking on the basis of these booking conditions. Bookings cannot be accepted from parties of young people of less than 18 years of age. The lead name is responsible for making all payments due in respect of the booking.
2.3 We are authorised by Owners to confirm a booking on the Owner’s behalf without a signed or electronic booking form where we consider it appropriate to do so. Acceptance of any such booking is subject to clause 2.2.
3. PAYMENT 3.1 A deposit of a third (33%) of the rental cost must be paid within 24 hours of making your provisional reservation. This can only be refunded as set out in these booking conditions.
3.2 The balance must be paid not less than 9 weeks prior to your arrival at the property.
3.3 The accidental damage charge or security deposit must be paid (see clause 6) with the balance.
3.4 The Owner is entitled to treat your booking as cancelled if you fail to pay the balance and accidental damage charge or security deposit on time. (See Cancellation, clause 8)
3.5 Bookings taken within 9 weeks of your arrival at the property must be paid in full at the time of booking. 3.6 The deposit payment may be made by credit or debit card, or bank transfer. However, please note that balances paid by credit card are subject to a fee of 1.7% of the amount of the payment. This fee may be varied in the event of any increase in the credit card company’s charges or as may otherwise be appropriate.
4. CONTRACT 4.1 Once we have received your payment, we will confirm your booking with the Owner by issuing a confirmation invoice on behalf of the Owner. This invoice will be sent to the lead name. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.
4.2 A binding contract between you and the Owner will come into existence upon despatch of your confirmation invoice.
5. RENTAL 5.1 The prices given are in sterling and the rental price is weekly, per property, unless otherwise stated.
5.2 Some Owners will only accept bookings for a minimum of two weeks.
5.3 Properties are let fully furnished and equipped. The price for all properties includes linen, towels (except pool towels) and cleaning services. Additional services and any exceptions are clearly stated in the individual property description.
5.4 The Owner and the Agent reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any change or error of which we are aware at the time of booking.
6. ACCIDENTAL DAMAGE CHARGE AND SECURITY DEPOSITS 6.1 Except where you provide a security deposit (see clause 6.2), an accidental damage charge applies. This is a fixed amount (currently £6/€8 per person, based on the published maximum occupancy of the property) which is automatically added to your invoice and is paid with the balance of the rental to cover the risk of minor damage (which includes, for example, breakages and marking of furniture) (“damage”) being accidentally caused to the property or its contents by you during your holiday. Where the damage is covered by the charge, you will have nothing further to pay. However, the charge will not be refundable in the event that no damage occurs. You will be responsible for meeting the cost of any damage which is not covered by the accidental damage charge.Where the accidental damage charge is paid, all accidental damage will be covered subject to the following Conditions;· There is a limit of £500/€600 in total on the amount which will be covered in respect of any booking. This limit applies to the total cost of repairing or otherwise remedying any damage, replacing items and/or any related cost, expense or work which occurs during your stay
· You will be responsible for any amount payable in respect of any damage which exceeds the limit of £500/€600. Any additional amount will usually be payable during or at the end of your stay direct to the Owner or property manager. Where any additional amount paid is based on an estimate, you will be responsible for paying any extra due when the actual cost is known or will receive a refund of any overpayment where the actual cost is less than expected
· Any damage must be reported as soon as it occurs to the Owner or property manager
· Any additional cleaning which may be required is not covered
· Only accidental damage is covered. You are expected to take reasonable care of the property and its contents. Damage which is caused deliberately, negligently or recklessly will not be covered
· It is your responsibility to point out any pre-existing damage or missing items to the Owner or property manager at the beginning of your stay
· Only damage caused by you will be covered and not that caused by any third party (for example, someone visiting you at the property)
6.2 If you do not wish to pay the accidental damage charge, you must provide a security deposit (of up to £2500/€3000) which will be paid by bank transfer, cheque or credit or debit card and held by us in a Client account on behalf of the Owner to cover the cost of any damages or breakages to or at, or loss from, the property, any additional cleaning and the cost of telephone and/or other services/utilities that are not included in the rental price. On the Owner’s behalf, we are entitled to deduct any such costs from the security deposit.
6.3 Any security deposit paid in accordance with clause 6.2 will usually be refunded in the same manner it was paid within five weeks of your return from holiday, unless deductions are required. However delays may occur whilst waiting for utility bills or proof of damage / the cost of repairing or replacing damaged, broken or lost items. Any amount of the security deposit which remains after any deductions will be refunded as soon as we are able to do so.
6.4 The cost of utilities and/or other services used by you, any additional cleaning and any damage or loss caused by you will be charged to you. If the security deposit paid is not sufficient to cover the cost of any and all such utilities and/or services, additional cleaning, damage and loss, the Owner is entitled to recover any additional costs from you and you agree to indemnify the Owner against such additional costs.
6.5 Damage or loss may not be immediately obvious to the Owner upon your departure. The Owner reserves the right to charge you for any damage or loss noted in the property after your departure.
6.6 Where requested to do so by the Owner, we reserve the right to hold any security deposit on the Owner’s behalf for longer than 8 weeks if there is a dispute over damage or loss, or we are awaiting bills or proof of damage / the cost of repair or replacement.
6.7 We act only as agent. Any complaint or other issue which you may have in respect of the security deposit or any deductions from the deposit or claim for any damage, loss or any other sum in connection with your rental should be addressed directly to the Owner. We cannot accept any responsibility or enter into any negotiations regarding this aspect of your contract with the Owner. We act solely on the instruction of the Owner.
6.8 Some owners have published other methods of deposit on the website, shown clearly each time (for example provision of cash locally, which is returned personally by the owner at the end of the stay). In such cases, this will be the sole method of providing a damage deposit.
6.9 For stays of 4 weeks or longer, owners reserve the right to request cash deposits and not the accidental damage charge.
7. ALTERATIONS/CANCELLATION BY THE OWNER The Owner reserves the right to cancel or make changes to your booking where necessary for reasons outside the Owner’s control. In the unlikely event of a significant change or cancellation of your booking by the Owner, we will inform you as soon as possible. In the event of cancellation or a significant change which you are not prepared to accept where the Owner cannot offer you an acceptable alternative (such as changing to different dates), all monies you have paid us will be refunded to you. If requested and if available we will try to offer you alternative accommodation of a similar type, price, standard and location.
8. CANCELLATION BY YOU 8.1 We are authorised to accept notice of cancellation on behalf of the Owner. Any cancellation by you (for whatever reason) must be notified in writing (including email or fax). The effective date of cancellation is the date we receive written notification. Cancellation is subject to the Owner’s cancellation policy. The cancellation charges set out below are the standard ones stipulated by Owners. However, Owners may set different charges generally or in relation to particular bookings. We will advise you at the time of booking of any different cancellation charges which apply to your booking.
8.2 If you cancel 9 weeks or more prior to your arrival at the property you will lose your deposit.
8.3 If you cancel less than 9 weeks before your arrival at the property or the booking is cancelled due to your non-payment, the Owner is entitled to the full cost of the booking from you.
8.4 Comprehensive travel insurance that includes cancellation insurance is a requirement of booking through us, please see clause 24. In the event that you need to cancel your holiday for a reason outside your control, no refund will be made by the Owner but you may be able to submit a claim under your travel insurance policy.
8.5 Many credit card providers offer free travel insurance when making purchases on their cards. Please note that often these policies offer a very basic level of cover and usually not cancellation cover or cover for damage to the property. Please verify these details with your card provider if you intend to use this.
9. YOUR RESPONSIBILITIES 9.1 You must keep the property and all furniture, contents, fittings, facilities, equipment, grounds and any swimming pool in the same condition as at the commencement of the holiday, and in the same state of cleanliness and general order in which they were found. You will be responsible for payment for any breakages, loss or damage to the property or its contents caused by you or anyone you invite or allow into the property. The Owner is entitled to claim such sums from the lead name or any other member(s) of the party without having to prove they were personally responsible for the damage, loss or breakage. We recommend that you take out adequate insurance to cover this liability. The Owner reserves the right to charge you for any extra cleaning, over and above the amount normally required on departure, and for any telephone or other utility charges which are not included in the rental and to claim against you for damage or loss (see clause 6).
9.2 The parking of caravans/pitching of tents at the property is strictly forbidden.
10. NUMBER OF PEOPLE USING THE PROPERTY Only the number of persons stated in the property description may use the property unless otherwise agreed in writing by the Owner. The maximum number of people, including infants, allowed at the property may not be exceeded. The Owner has the right to terminate your rental without prior notice and without refund or compensation if the maximum number is exceeded. A pro rata sum will automatically be deducted from your credit/debit card security deposit or invoiced to you for any additional adults/children.
11. ACCESS The Owner or their representative must be allowed access to inspect the property prior to your departure. They also have a right to access the property during your stay to carry out urgent maintenance or repairs or in the event of an emergency. Gardeners and pool maintenance staff may enter the grounds during your stay, normally very early in the morning.
12. BEHAVIOUR The lead name is responsible for the correct and decent behaviour of the party. Should you not behave in such a manner, the Owner may use their absolute discretion to terminate the holiday of the person(s) concerned or the entire party. In this situation, the person(s) concerned will be required to leave the property. The Owner and the Agent will have no further responsibility toward such person(s) including any return travel arrangements. No refunds will be made and neither the Owner nor the Agent will pay any expenses or costs incurred as a result of the termination.
13. ADDITIONAL SERVICES AT THE PROPERTY 13.1 Some services such as maids, cleaners and chefs may be included in the price. If they are not included and you would like us to book these services, please give us as much notice as possible and we will endeavour to arrange them on your behalf. Please note however that we do not take any commission, nor do we act as agent in respect of these services. Any contract you enter into for these services is directly with the supplier of the services concerned and is subject to the supplier’s terms and conditions. We do not accept any responsibility for these services or make any representations as to their quality or suitability.
13.2 Payment for additional services is normally made on location, although some suppliers may require a deposit to be paid prior to departure for items such as food. Where the supplier asks us to collect and pass on such deposits to them this does not give rise to any liability on our part for these services.
13.3 Your property may have an internet connection point. The Owner cannot accept any responsibility for any problems you may encounter in connecting to the internet, for reasons out of the Owners control. The supply of relevant plugs and cables in order to connect are the responsibility of the client alone. An internet service may not always be possible. Unless included in the price, all charges for using the internet are your responsibility.
14. LINEN & TOWELS 14.1 Linen and towels are included in the rental of the majority of properties (normally 3 towels per person). Linen is changed once a week. If you require more frequent changes you should request this at the time of booking. There may be an additional cost.
14.2 Beach and pool towels are not normally provided and therefore you should take these towels with you (exceptions as stated on the website).
14.3 We recommend that you take your own cot linen for your baby’s comfort. If you do not wish to take your own, please check that cot linen is provided.
15. SWIMMING POOLS AND GYMS 15.1 Swimming pools are not normally open all year round. If your rental period is outside July & August, please check with us that the pool will be open, filled and ready for use. Pools are not heated unless otherwise advised. The Owner and Agent cannot be responsible for low water temperatures at any time.
15.2 If pool heating is required, there will be an extra charge if available, which can be paid on booking or locally to the owner or his/her representative in some instances.
15.3 Please note that swimming pools carry their own inherent risks. Upon arrival at the property you must take time to familiarise yourselves with the location, layout and depths of any swimming pool(s) at the property. Please take note of any pool warning signs, depth markings (which may not be accurate) and other instructions for use, which may be displayed. Young children must not be allowed to wander unaccompanied in the grounds of any property where there is a swimming pool. You are responsible for the safety of those using the pool at all times. Children must be properly supervised at all times whilst using or in the vicinity of any swimming pool. You should not enter the water if you have consumed alcohol.
15.4 You must ensure you are familiar with any pool protection in place. You are fully responsible for ensuring that the alarm/fence or cover is in place at all times when the pool is not in use.
15.5 Any gyms are used at your sole discretion and responsibility. Children under 16 are forbidden to enter and use a gym.
16. SOCIAL EVENTS AND OTHER FUNCTIONS
If you intend to organise a function (e.g. party, wedding, cocktail party) at the property, you must seek prior written permission from the Owner. Additional charges and/or an increased security deposit may be sought at the Owner’s discretion.
17. SECURITY AND VALUABLES Any valuables left at the property are left at your own risk. Neither we nor the Owner are responsible for any loss. When provided, burglar alarms must be activated, safes used and proper care be taken against theft and burglary. It is essential and your responsibility to ensure all doors, shutters and windows are closed and locked when leaving the property, or when by the poolside/in the grounds. No refund can be given should you decide to vacate the property as a consequence of a burglary. The property must be kept locked at night and whenever unattended. Failure to do so may result in invalidation of the property insurance and any losses or damage caused as a result of your failure to secure the property will be passed on to you in full. You are responsible for ensuring that the property is left secure on departure (see clause
18. ARRIVAL AND DEPARTURE 18.1 Arrival is between 1700 and 1900 local time (normally GMT + 1 hour). If your arrival is delayed you must inform the contact person, and/or the local representative noted on the directions sheet that you will receive upon payment of the balance. If you arrive after 19.00 (without making arrangement to arrive late) you may not be able to gain access to the property until the following day. If prior agreement is reached with the Owner to arrive outside of these hours (e.g. late at night), or if you arrive at the property at an unreasonable time without prior arrangement and access to the property is granted, a charge may be applied.
18.2 You must vacate the property by 09.30am on the day of departure. You must comply with any procedure or requirements of the Owner applicable to your departure. In all cases, you are responsible for ensuring the property is left secure and for the safe custody of the keys.
18.3 If these times cause you difficulty, please advise us at the time of booking. We will pass on your request, but this cannot be guaranteed, nor will we be able to guarantee any changes requested after the booking has been made.
19. TRANSPORT ARRANGEMENTS You are responsible for arranging your transport to and from the property. We can provide you with details of companies who can organise car hire, euro tunnel and ferry crossings (we do not work with flight companies). Payment and contracts for these services are made directly to and with the company providing the same and are subject to their applicable terms and conditions. We do not take a commission for passing on such details nor do we act as agent on their behalf. We cannot accept any responsibility for any problems or claims arising out of any transport services.
20. INFORMATION 20.1 While we make every effort to ensure the descriptions supplied by Owners are accurately reproduced in our brochure and on our website, we cannot accept responsibility for any descriptions supplied by the Owner which contain inaccurate, incomplete or misleading information or errors nor can we accept responsibility for any descriptions which contain inaccurate incomplete or misleading information or errors and which have been supplied by us (as opposed to the Owner) except where this arises out of our negligence or that of any of our employees. You must accept that minor differences between the photograph/illustration/text used and the actual property may arise. Changes after publication or booking may occur. Where we state that we have personally inspected the property(ies), this is to ensure that they are of the general standard of property we wish to include in our brochure/on our website and should not be relied upon by you as an indication that the property is suitable in all respects for your needs or those of your party.
20.2 Owners reserve the right to make modifications to the property specification that are considered necessary or appropriate from time to time. Owners reserve the right to alter furniture, amenities, facilities, activities or any part of any activities, either advertised or previously available, without any prior notice (see also clause 7).
20.3 If we become aware of material changes after your booking has been confirmed we will endeavour to advise you before departure if this is possible.
20.4 Property locations indicated on individual property maps and distances given are approximate. Times are approximate, based on driving, not walking unless otherwise stated.
Pets are not allowed except with the explicit written permission of the Owner. The Owner reserves the right to charge a supplement, and/or request an increase in the security deposit. The number and type of pets must be agreed prior to acceptance of booking. If the particular pet(s) concerned has not been agreed by the Owner in advance, the Owner reserves the right, at his/her discretion, to request the pet is placed in kennels at your destination for the duration of your stay, or to terminate your rental of the property without refund or compensation.
22. COMPLAINTS 22.1 Your contract is with the Owner. In the event that you are disappointed with the property or have any other reason to complain, we will attempt to assist you on a goodwill basis if you cannot reach an acceptable resolution with the Owner. You must first contact the Owner or the Owner’s representative and give him/her the opportunity to deal with your complaint. If you are unable to make contact or your complaint is not resolved to your reasonable satisfaction, you should then contact the person who is available to assist locally (whose details are shown on your travel documentation) and/or Quality Villas in the UK who will liaise with the Owner to try to solve the problem.
22.2 Complaints received at the end of the holiday will not be accepted. If you vacate the property before your departure date without notifying the Owner and, if necessary, the person available to assist locally or our UK office, you deprive the Owner of the opportunity to attempt to rectify the problem. You will therefore forfeit your right to compensation.
22.3 If the problem was not resolved to your reasonable satisfaction during your holiday, you should put your comments in writing and provide these to us within 7 days of the end of your stay. We will forward your written complaint to the Owner and will within reason liaise with the Owner to assist in reaching a satisfactory settlement for all justifiable complaints regarding the property that you may have. However, it is your responsibility to take the complaint up with the Owner directly if no satisfactory settlement can be reached.
22.4 If you have any complaint regarding any service we provide (as opposed to any provided by the Owner), you must inform us immediately in writing and in any event within 7 days of the provision of the service in question. We regret we cannot accept any liability if we are not so notified.
23. LIABILITY 23.1 We act only as agent for the Owner. We cannot accept any liability for any act(s) or omission(s) of the Owner or anyone representing, or employed, contracted or otherwise used by, the Owner. Further, we cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owners.
23.2 Our maximum liability to you if we are found to be at fault in relation to any service we provide (as opposed to any service provided by the Owner or any third party used by the Owner for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
23.3 The Owner and Agent cannot be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond the Owner’s control. In the event that a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will endeavour to contact you to inform you of the disturbance (see clause 7).
23.4 The Owner and Agent cannot be held responsible for the breakdown of, or technical problems with, mechanical equipment such as pumps, boilers, swimming pool filtration systems or domestic equipment, nor for the failure or non availability, for any period of time, of utilities such as water, gas and electricity. 23.5 The Owner and Agent cannot be held responsible for any event or circumstance which is beyond his/her/its control or for the consequences of any such event or circumstance including any resulting loss or damage.
24. INSURANCE 24.1 It is a condition of your contract with the Owner that all members of the party have comprehensive travel insurance which includes cancellation insurance and cover for damage or loss to the property. We do not check insurance policies; however we reserve the right to request written details (insurer’s name, policy number and emergency contact number) of your policy.
25. LOW SLUNG CARS People taking low/sports cars are advised to check at the time of booking that the access to the property is suitable.
26. GOVERNING LAW AND JURISDICTION These booking conditions and all matters arising out of them are governed by English law. Where you wish to make a claim against the Agent or have any dispute with the Agent in relation to any service provided by the Agent (see clause 23), we both agree this will be dealt with by the Courts of England and Wales only.
27. DATA PROTECTION 27.1 For the purposes of the Data Protection Act 1998 we are a data controller. In order to process your booking we need to collect certain personal details from you. These will include, where applicable, the names and addresses of party members, credit/debit card or other payment details and special requirements such as those relating to any disability or medical condition which may affect your booking and any dietary restrictions which may, as a consequence, disclose your religious beliefs. We must pass on your personal details to the Owner and/or the Owner’s representative and, where applicable, your credit card company or bank. The information may also be provided to public authorities such as customs/immigration if required by them, or as required by law.
27.2 We have appropriate security measures in place to protect the personal details you give us. Where your holiday is to take place 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. Where you provide us with personal details relating to any special requirements such as those mentioned above, you consent to this information being passed onto any organisation or companies responsible for any part of your holiday arrangements whether in the EEA or not.
27.3 We are entitled to assume you do not object to our doing any of the things mentioned above unless you tell us otherwise in writing. You are generally entitled to ask us (by letter or e-mail) what details of yours are being held or processed, for what purpose and to whom they may have been disclosed. We will charge a fee to respond to such a request. In limited circumstances we are entitled to refuse your request. Except where expressly by the Data Protection Act 1998, we will only deal with the personal details you give us as set out above unless you agree otherwise.
28. PASSPORTS, VISAS, DOCUMENTATION AND HEALTH REQUIREMENTS You are responsible for your travel and health documentation (passports, driving licences, vehicle registration documents, green card, motor insurance etc). Neither we nor the Owners can accept liability if you are refused entry onto any transport or to any country due to failure on your part to carry correct documentation. If you are not a British citizen with a British passport, you must check passport and visa requirements with the embassy or consulate of any country you intend to travel through.
29. SNOW CONDITIONS Prevailing snow conditions are always unpredictable. No liability can be accepted by either ourselves or the Owners in the event that snow conditions are unsuitable or insufficient for your chosen activities. You are responsible for making your own travel arrangements. In the event that you are unable to get to or use your property due to the weather, disruption to your booked transport arrangements, road conditions or any other reason which is outside the Owner’s control, no refunds will be made, expenses met or liability accepted by the Owner or the Agent.
30. HELPFUL INFORMATION You will find more helpful information in our FAQ section on our website www.qualityvillas.com/frequently-asked-questions