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These conditions set out the basis upon which Brisas Villa Rentals accepts bookings for
accommodation described on this website, any associated web sites and any supplements or
brochures. Please read these conditions carefully, if after reading you do not wish to be bound
by this conditions you have 7 days from the date of booking confirmation to cancel the booking
and monies paid to us will be refunded in full.
1.Contract
You may book by email, telephone or post. A binding contract comes into existence when the
holiday booking has been confirmed either by post or email to you or your representative. This
contract will be governed by English Law and is subject to the exclusive jurisdiction of the
courts of England. In all cases the person making the reservation on behalf of the group accepts
these bookings conditions on behalf of every member of the group.
2. Price Guarantee
All prices quoted on the web page are subject to change, and we reserve the right
to correct and amend errors in both advertised and confirmed prices, which we will do so as soon
as we become aware of the error. Please check the price of your holiday at time of booking.
Once a holiday has been confirmed we guarantee not to increase the cost of the accommodation.
3. Payment
In order to confirm your holiday a payment of £100 per villa and £50 per apartment (or full
payment if the booking is made less than 6 weeks before the departure date) must be paid at
time of booking. Once a contract comes into existence (see 1) you have agreed to pay the total
cost of the holiday. We must receive the balance not less than 6 weeks before commencement of
the holiday. If we do not receive the total cost by the due date, we reserve the right to
cancel the booking. In this case, cancellation charges may apply (see 6).
4. Security Deposits
The security deposit will be £100. This deposit will form
part of the final payment and will be held by us for a period of two weeks after the end of the
holiday. We reserve the right to deduct any losses, breakages or damage caused to the property
during your stay. Minor damages such as a chipped cup will not be charged for. If there is
damage or costs that exceed the amount of the security deposit, you will be responsible to
reimburse us within fourteen days of being notified of the excess charge.
5. Holiday Insurance
It is your responsibility to obtain your own travel insurance.
6. Cancellation by You
In the unlikely event of your being forced to cancel your holiday, in full or in part, you
should inform us immediately by telephone or email, and confirm this in
writing by post. You remain responsible for the total cancellation charges of the booking.
A cancellation will only be accepted from the person originally making the booking. The
cancellation will take effect from the date that the letter is received in our office.
Cancellation charges are as follows:
More than 42 days
29 - 42 days
15 - 28 days
1 - 14 days
Appropriate deposit
50%
75%
100%
7. Amendments by You
If you wish to amend you booking after it has been confirmed, we will endeavour to assist you,
however, you may incur additional costs.
8. Cancellation by Us
Occasionally we have no option but to cancel your booking, and we reserve the right to do so.
We will endeavour not to cancel within a period of 42 days prior to the start of your holiday,
unless we have not received full payment, or we are forced to do so due to circumstances beyond
our control. If it is necessary to cancel your holiday for any other reason than that of non
payment by you, we will make reasonable effort to offer you an alternative property to an equivalent
or better standard (subject to availability or condition 10), or we will make a full refund of
all monies paid. Additionally we will pay compensation as set out in condition 11, subject to
the following exception.
Compensation will not be paid, nor will liability be accepted, other than offering alternative
accommodation or a full refund, should the cancellation be forced upon us by unusual or
unforeseeable circumstances outside our control, where by even with all due care and attention
we would be unable to avoid.
9 Amendment by Us
As soon as we are aware of any changes or errors in any information given to you, they will be
corrected immediately and should this happen
after the confirmation of your holiday we will advise you of any change or error. Should there
be a significant change we will notify you as soon as possible and discuss the implications of
the change or error. Should you decide that the change is sufficient to alter your holiday to
the degree that you do not want to accept it, where ever possible we will offer you alternative
accommodation (subject to availability), or offer you a full refund of payments made to us.
If a serious change is made we will pay compensation (see 10). This compensation is not payable
nor will we accept liability if we have been forced to make the change due to unforeseen
circumstances beyond our control and which we could not have avoided even with all due care
and attention.
10. Compensation Payments
No compensation is payable for minor changes or alterations. Minor changes do not give you the
right to refuse the holiday accommodation. In all cases where compensation
is payable, this limits our liability to the payment made. We are unable to pay any expenses or
related costs incurred as a result of any cancellation or amendment. Compensation is paid in
accordance with the following table and depends on the time of notice given, of any significant
change, to you before the start of the holiday.
42 - 60 days
29 - 41 days
15 - 28 days
1 - 14 days
£10
£15
£20
£30
If due to cancellation or significant change in your selected holiday accommodation, you choose
to accept a cheaper property than the one originally selected and paid for, we will refund
the difference in price. Should you choose to upgrade to a more expensive property than the one
originally selected we may ask you to pay the difference.
11. Your Responsibilities
For the duration of your holiday you are responsible for the property which you have booked
and you are expected to take care of it. You are responsible for leaving the property in a
clean and tidy condition and may be billed for any amount over and above the time normally spent
on the cleaning. You are liable for any breakages and damage to the property or its contents,
and if you do not replace any breakages or pay locally for any damage sustained, you will be
billed when you return from your holiday. Any third party visiting the property during your
holiday will be regarded as your responsibility and any damages or breakages caused by any third
party will be your liability. You are responsible for any damage to any third party visiting the
property that is caused by you or any member of the party staying in the property, or any other
person whom you may invite to the property.
12. Our Responsibilities
Should you suffer death, disablement, injury, illness,
loss or damage as a result of any failure on our part to perform, or any of our employees,
agents, suppliers or sub contractors failure to perform (subject to their being authorised by
us and subject to the following exceptions), we will accept responsibility. We are not liable
where any failure to perform or improper performance was due to:
i) the act/s and/or omission/s of the person/s affected
ii) any third party not connected with your holiday
iii) any event which could not have been foreseen by either ourselves or our employees,
agents, suppliers or sub contractors, even with all due care and attention.
We shall not be liable to you or any member of the party on the selected holiday, for any loss
which does not arise naturally in the ordinary course, unless we have been notified by you, in
writing, before the confirmation of the holiday booking, of any special facts or circumstances
relevant to any such claim, and we have knowingly accepted the additional risk. Furthermore we
will not accept any liability for any business losses.
13. Numbers of People Accepted at Holiday Accommodation
The owners of the property or their agent or representative retain the rights to refuse
admission to more people (including children and infants) than six persons. Similarly the owners
of the property, or their agent or representative
retain the right to refuse the erection of tents, the parking of caravans, motor homes or any
other type of temporary or mobile accommodation on any part of the garden or land connected to
the property.
14. Complaints
It is our policy to endeavour at all times to satisfy our clients and to this end we ask that
should there be any complaint we have the opportunity to rectify any problems with the property
or any service which we may have arranged on your behalf. We would ask you to follow the
following procedure, in the unlikely event of a complaint or problem. First of all you should
contact the local agent, key holder or representative in Spain. At the same time we would ask
you to advise our office in the UK so that we are immediately made aware of and are able to
assist with the complaint/problem. On your return from holiday, should you feel that your
complaint/problem was unresolved, we would ask you to write to us giving us all the relevant
details, within two weeks of your return home. Failure to observe this procedure will make it
difficult or impossible for us to rectify the problem at the time of its occurrence and
therefore we regret that we will be unable to accept any liability regarding any complaint or
claim which is not notified in accordance with this. We would draw your attention to the fact
that although we are very sympathetic to any instances of unforeseen building or construction
work which may occur in the vicinity of your holiday home, this is completely outside our
control and although we will try our best to help you, we have no ability to stop any such work
or noise and therefore cannot accept liability.
15. Force Majeure
We apologise but regret that we are unable to accept any responsibility or liability for any
problems or events which we, or our agent, supplier or sub contractor, could not, even with all
due care and attention possibly foresee or avoid. These items may include war or threat of war,
riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse
weather conditions, flood, fire or disease and all similar events outside our control.
16. Website
This website is constantly being upgraded, altered and amended. Thus it is not a brochure which
has a beginning and end date, therefore it is possible that prices and information may have
changed by the time you decide to book a holiday. We therefore emphasise that it is essential
that at the time of booking that you check all details and verify all prices of accommodation.
Facilities and local attractions are features which are intended solely as information and we
are therefore unable to accept any liability for these being unavailable during your holiday
period. All distances and measurements mentioned in the descriptions of properties are
approximate.
17. Personal Safety and Safety Standards
Please be aware that when travelling abroad you should take greater care than normal when you
are visiting unknown destinations. As with all tourist areas, unfortunately, opportune thieves
sometimes operate. Therefore we advise you not to carry unnecessarily large amounts of cash with
you and to ensure that handbags, wallets and other receptacles are always secured. When parking
and leaving any vehicle all articles should be locked in the boot and covered so as to be
totally out of sight. We cannot accept liability for any death, injury or loss sustained due to
the non-observance of your own safety. Please note that safety standards apply to Spain and may
on occasion not be up to the normal expected standard of safety required in the UK. You should
take care to check the safe condition of items such as electric plugs, sockets and switches etc.
We would ask you to report any defective item to the local agent and also to notify us, however
we regret we cannot be liable for any death, injury or loss due to the use of such defective
item.
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