1. Definitions

WE / US / THE COMPANY - offers.swf – we are registered at Companies House, London
YOU – you, our customer. Where there are more than one of you, you are each responsible for all obligations for the villa rental in full, but for correspondence, we need only write to the first person making the booking on your behalf
RENTAL PERIOD - the time for which you agree to rent the property
PROPERTY – whatever villas, apartments or accommodation you agree to rent from us
OWNER - the owner of property (we are not the owner)

2. Conditions

i) Booking

You must be 18 years old to book a property. Anyone not 18 must always be accompanied by an adult.
Our prices are those on our website, unless we agree otherwise in writing. We may change website prices without having to tell you. Once you confirm a booking or pay any deposit, you are bound to pay the full price of the property.
Villa availability, conditions and pricing can change between the making of an offer by the Company and its acceptance by the client, and the Company reserves the right to amend or reject bookings. To avoid disappointment, offers should be accepted as soon as possible after receipt. Once you confirm, we will make the final availability enquiries and confirm your booking in writing before we can guarantee the property will be available (subject to the terms set out below)

You agree to pass on these Terms and Conditions to all members of your party, as they govern the property rental and everyone in your party.

ii) Payment

You must pay 50% of the rental price on making your booking.
The other 50% must be paid at least six weeks before the start of your rental period.
If you fail to pay either amount, we may treat your reservation as cancelled and you will be liable for the cancellation charges set out below, which can be as much as the total rental price. We will remind you by email, post or telephone when payments are due.

A refundable security deposit is also payable to cover charges including but not limited to loss, breakage, excessive cleaning or maintenance, and the amount of this deposit will vary depending on the villa booked. This deposit must be cleared in our account before we can allow you access to the villa. We will pay this back to you promptly after the end of your holiday, unless we need to deduct anything for loss or breakages or in relation to any other provision or breach of this agreement. Deposit return usually takes approximately 14 days, although where damages have been caused, we may hold your deposit until such time as we receive confirmation from the villa owner of the total amount of costs incurred. You are responsible for all loss or damage whether caused by you or your guests, even where this exceeds the value of the security deposit.
It is in your own best interests to ensure that the inventory is accurate when you arrive at the villa so that any loss or damage is not wrongly attributed. We ask you to inform us of any discrepancies or malfunctions within 24 hours of arrival, after which time you will automatically be deemed to be responsible.

Phone use is charged separately. We will apply some of your deposit to this.

All payments made via credit or debit card will incur a 4% charge as requested by our Merchant Service.

iii) Cancellation of the Booking by the Company
We do not expect to have to make any change to your bookings, although we may need to do so in relation to factors beyond our reasonable control. Such factors may include the sale or withdrawal of the property by the owner, or the property otherwise becoming uninhabitable, e.g. due to fire or flood. In such cases, we will advise you of the situation as soon as reasonably possible. We will always make every effort to find our customers a suitable equivalent property. If we do our best but still cannot find one for you, you agree to accept a full refund, together with our sincere apologies. We cannot accept any responsibility or liability for any other cancellation fees or charges which you may incur as a result of having to change or cancel other travel arrangements.

Refunds might be pro-rata, if we need to charge you for any nights spent at the property.

iv) Villa Descriptions
We cannot be responsible for any misunderstandings unless these contravene what we have told you in writing. If you have any special requests, please notify them to us in writing and we will then make every reasonable effort to cater for your needs on your arrival.
The Company aims to ensure that information provided by owners is accurately conveyed or advertised by us. There may be small differences between the actual accommodation and its description, and both the Company and Owners are always seeking to improve services and facilities. Occasionally, problems mean that some facilities or services become unavailable, and if this is the case we will tell you as soon as reasonably practical after we have been made aware of the situation. Although we always seek to work with owners to ensure they arrange and maintain the properties to the highest standards, you must determine your own needs, requirements and expectations when selecting a rental property from the web site, and the Company shall not be liable with regard to any differences of opinion as to the condition or quality of the properties advertised.
Where a villa is described on our website or elsewhere as being unsuitable for party groups, this means that unless otherwise agreed with the Company in writing, only bookings by family groups will be accepted. If you misrepresent the size or make-up of your group to the Company, we reserve the right to deny you entry to the property or evict you from the villa without a refund of any monies paid.

Please note that in some destinations, the power supply, telephone lines and other such services are not always as reliable as those in England.

We cannot accept responsibility for any changes or closures to area amenities or attractions, whether mentioned by the Company’s representatives or advertised elsewhere.

v) Death, Personal Injury or Loss of Property
We are not responsible for personal injury to you or your party unless we have been negligent. If the negligence is that of the owner, your recourse must be against such person.
Most properties have dangers such as swimming pools, dry stone walls, un-gated access to roads, steep staircases, unfenced drops etc, so you and your party must take care. All swimming pool use is at your own risk. Children must always be supervised by adults.

You must provide your own comprehensive travel, medical and other insurance which must be in force for the whole rental period.

You shall accept full responsibility for any accidents caused by or arising out of your own negligence, misuse of property or failure to comply with applicable statutes and regulations. Equally, no claims of any sort will be entertained by the Company in the event of incidents occurring whilst occupants or guests are under the influence of alcohol or any drugs, whether therapeutic or not.

If you do break or lose anything of ours or the owner’s, you must tell us so we can arrange replacement or repair to the highest standards, which is what our customers will expect. You must not try to rectify the problem yourself.

vi) Insurance
In addition to the medical and belongings insurance described above, you must ensure you buy travel insurance to cover your own liability and cancellation/curtailment matters.

vii) Cancellation of the Booking by the Customer
You can cancel a booking at any time, although cancellation is effected only when written notification is received by the Company or in the event of non payment of balances by the Customer by their due date. If you do decide to cancel your booking, we will do our best to make the same booking for your property with another client and this is often possible. We will then gladly refund your money, subject to a cancellation fee. Cancellation fees are based on total rental cost and are calculated from the start date of the rental period as follows:

1) More than 45 days prior: 20%
2) Between 30 days and 45 days prior: 30%
3) Between 15 days and 29 days prior: 50%
4) 14 days or less: 100%


If we are unable to secure the same booking with another client, you will be liable for the full rental amount. The Company will at its sole discretion retain the right to reduce cancellation charges as it sees fit on a case by case basis. When you book a villa with us, you are agreeing to accept these terms and conditions, and a contract is deemed to exist between you and the Company from the moment we send you a Sales Order. You will therefore be liable to pay the cancellation charges above from the day we send you your Sales Order, irrespective of whether you have made any payments towards your villa rental cost or not.

viii) The Accommodation
We always inspect our properties on a regular basis so they will be of the highest standard for our guests. We base our reputation and business on giving our customers the highest standards of care and service.

Your property will be available from 15.00 hours on the first day of your rental period. You must leave it by 10.00 hours on the last day. If you fail to leave the villa before 10:00, you agree that we have the right to charge you for an extra day (or longer where appropriate).
No refund will be given for a stay shorter than the one you originally booked, and the property is free to be let after your departure.

Each property description clearly states the maximum number of permitted guests, and unless otherwise agreed in writing with the Company, you may not allow more people than the description states to stay in the accommodation. Should you exceed the permitted number of guests, or misrepresent the size or make-up of your group, the Company reserves the right to either charge you for the excess persons or to evict you from the villa without a refund. No pets are allowed. We need these provisions to ensure that the properties remain at the highest standards for our guests. We have the right to repossession if you breach this agreement. You would then be liable for cancellation charges.

The keys are your responsibility, so please leave them with our representative or in the agreed place when you leave. Otherwise, we may charge you £25 per key.

When you go out, you must lock all windows and doors securely. You must take all necessary steps to safeguard your personal property. We cannot be held responsible for damage to or loss of your property except where such damage or loss is caused by the negligence of the Company.

The Company is not responsible for diminution of enjoyment arising in relation to matters of local engineering and construction works.

We may need access to the property during your stay for any repairs and maintenance required, but we will tell you in advance and keep any disruption to a minimum. We want you to enjoy your holiday in peace.

ix) Customer Behaviour
You must behave in a manner that is considerate to others. If you or your party cause unreasonable annoyance, noise, distress, damage, crime or danger, we have the right to evict you. Disruptive behaviour caused by loud music and/or late night or early morning rowdiness will not be tolerated. You agree not to do anything that might jeopardise any insurance cover on the property.

No parties or functions such as weddings are allowed without our prior written consent.
Any parties held without prior written consent, or any misrepresentation of a party or function by you to the Company will result in the loss of your security deposit and may result in your eviction from the villa. In the unlikely event we evict you we will not pay any refund or the cost of your alternative accommodation. Further, you will be liable to reimburse the Company for any expenses whatsoever incurred by us as a result of such behaviour.

x) Concierge Service
We do our best to arrange the finest suppliers for concierge services. However, these will be provided by a separate company and we are unable to guarantee their performance or otherwise be liable for their services.

xi) Website information
We do our best to make sure our website is accurate and up to date. Except as set out above with regard to prices, its contents are not contractual terms.

xii) Complaints
We want you to have the best of holidays. In the very unlikely event that you have any manner of complaint, you need to tell us immediately if we are to be obliged to resolve the issue for you in time. Otherwise, we may not be liable.

xiii)Telephone Calls
We would like to advise our clients that the Company randomly records telephone calls. This ensures that customer service is constantly improved.

xiv)Legal Matters and Disputes
This is our entire agreement. Any changes must be in writing.
Any formal claims against us must be notified within fourteen (14) days of vacating the property, otherwise we are not liable. Unless we cause you personal injury, you accept we are never liable for anything over the rental price.

All disputes arising out of this contract are subject to English law as resolved in the English courts alone. However, at our option, we may change the chosen country of law and jurisdiction, unless court proceedings have already been initiated.

We are not liable for anything beyond our reasonable control.

   

 

© 2008 IVL Ltd. All rights reserved. IVL Ltd is a registered company in England and Wales. Reg address: 9 Market Row, Saffron Walden, CB10 1HB. Tel +44 (0)1799 516971 Reg No. 6376295 VAT No. 923 6636 15 IV Home Ibiza Cape Town St Tropez Ibiza Villas: 1 2 3 4 5 6 7 8 9 10 Cape Villas: 1 2 3 4