|
Terms and Conditions
Definitions
WE / US / THE COMPANY - IVL Ltd – we are registered at Companies House, London and act as independent agent for both our customers and villa owners
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)
Conditions
i) Booking
You must be 21 years old or over to book a property.
Prior to the confirmation of a booking by the Company, villa availability, conditions and pricing can change at any time, and we reserve 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 before we can guarantee the property will be available. We will then send you a Sales Order which constitutes written confirmation of your booking. From the moment you receive this Sales Order you will be deemed to be bound by our Terms and Conditions, including but not limited to the provisions in Section (vii) Cancellation of the Booking by the Customer. Until the issue of our Sales Order we shall be under no liability to you whatsoever.It is important that you check the details such as the name of the villa, the price and the dates of travel on your Sales Order when you receive it. In the event of any discrepancy, you should contact us within 24 hours if you wish to amend the details, otherwise the details set out in the Sales Order will be deemed correct and binding.
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.
If you have any special requests you must inform us in writing at the time of booking. Unless and until specifically confirmed to you in writing, all special requests are subject to availability and to a reasonable charge.
ii) Payment
Unless otherwise agreed with us in writing, 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 by you and you will be liable for the cancellation charges as set out below. 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, unpaid local charges, excessive cleaning and additional housekeeping or maintenance which have occurred due to negligence, willful damage or irresponsible behavior on the part of those occupying the villa or their guests. 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.
Phone use is charged separately. We may 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. We do not accept payments by 'charge cards' such as American Express or Diner's Club.
iii) 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 us, in the event of non payment of balances by you by their due date or under the circumstances set out in section (iix). 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. We will at our sole discretion retain the right to reduce cancellation charges as we see fit on a case by case basis. 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. Should you leave the property for whatever reason without notifying International Villas in writing beforehand, your claims for compensation will be rendered null and void.
iv) 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 becoming uninhabitable due to factors including but not limited 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 you 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 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.
v) Villa Descriptions
We cannot be responsible for any misunderstandings unless these contravene what we have specifically told you in writing.
We aim 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, as both International Villas 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 we shall not be liable with regard to any differences of opinion as to the condition or quality of the properties advertised.
vi) The Accommodation
Unless otherwise agreed in writing, 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 by 10:00, you agree that we have the right to charge you for an extra day (or longer where appropriate). Although we will make every effort to accommodate late arrivals on request, arrivals after 22:00 hours may be subject to a late-arrival fee the amount of which will be based on the distance of the villa from the airport. It is up to you to advise us of your flight/arrival details. Failure to supply us with the correct information will mean that we cannot be held responsible in the event that the villa is not fully ready on your arrival.
No pets are allowed unless agreed in writing by International Villas. If we do allow you to bring pets, this may be subject to additional conditions including but not limited to charges for deep cleaning the property after your departure. If you take a pet with you, it is not allowed on beds or furniture or in the swimming pool and you agree to clean up after it. Pets should not be left unattended in the property. If you do bring a pet to one of our villas, you agree to be held responsible for any and all damage incurred as a result. 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.
The keys and devices for controlling systems such as electric gates and/or alarm systems are your responsibility, so please leave them with our representative or in the agreed place on departure otherwise a charge may be applicable. This charge could be to have the key or device replaced but may also be extended to cover the changing of locks and/or security systems where deemed necessary by International Villas to ensure the security of the villa and grounds.
We are 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 (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time) and keep any disruption to a minimum. We accept no liability for intermittent failure of public supplies or utilities such as water or electricity over which we have no control, nor of sewage systems, plumbing or mechanical equipment in villas, but shall do our best to arrange prompt repairs where possible. Where the villa has a telephone or internet connection and develops a fault, it can sometimes take a long time to repair. We do not offer compensation if a telephone or internet connection is not working due to circumstances beyond our control.Where a villa is advertised as having Sky/digital television, we cannot guarantee access to as many Sky/digital channels as you may receive at home. If you require access to a specific channel, please let us know and we will do our best to make it available to you although we cannot guarantee this will always be possible.
We cannot accept responsibility for any changes or closures to area amenities or attractions, whether mentioned by the Company’s representatives or advertised elsewhere. Any information contained in our Welcome Book or Location Guide does not form part of our contract with you.
Occasionally it does rain heavily in Ibiza. Excessive rain may affect the quality of the water in the swimming pool or domestic water supply and we cannot accept any responsibility for any inconveniences caused by rains.A food starter pack is provided but please be aware that we do not cater for particular demands/allergies. This pack is designed to allow light refreshments upon arrival should the shops be closed.
vii) 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. Although some villas are more suited to groups with small children than others, we do not claim that any villa is totally child friendly or safe and children must always be supervised by adults especially around the pool area.
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 International Villas 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 are ill or injured whilst on holiday, you must, in addition to reporting your illness to International Villas within 24 hours, consult a local doctor and also consult your GP on return home. Should you then wish to make a claim against us as a result of your illness or injury, you must provide us with details of both the local doctor whom you saw, and your GP, together with written authority for us to obtain a medical report from both of those doctors.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 or for distress occurring from the results of theft or attempted theft.
viii) Insurance
You must provide your own comprehensive travel, medical and other insurance which must be in force for the whole rental period to cover your own liability and cancellation/curtailment matters.
iix) Customer Behavior
We expect you and your guests to behave in accordance with the following points:
-
You must behave in a manner that is considerate to others.
-
No parties or functions such as weddings are allowed without our prior written consent.
-
Each property description clearly states the maximum number of permitted guests, and unless otherwise agreed in writing with us, you may not allow more people than the description states to stay in the accommodation.
-
Some villas are unwilling to accept bookings by single-sex groups or groups made up of members under 25 years of age. This is at the owner’s sole and absolute discretion and you are obliged to inform us in writing at the time of making a booking if your group falls into either of these two categories.
-
You must not to do anything that might jeopardize any insurance cover on the property
If you misrepresent the size or make-up of your group to us, if you exceed the permitted number of guests, if you or your party cause unreasonable annoyance, noise, distress, crime or danger, if we believe that any damage is likely to be caused or has been caused by you or any members or your party, if you misrepresent the nature or size of a party or function or if you in any other way breach the above conditions we reserve the right impose any or all of the penalties below:
-
Denying you entry to the property
-
Charging you for any excess persons
-
Retaining the full amount of your security deposit
-
Eviction from the villa
Determining which of these penalties to impose shall be at our sole discretion and the decision will be made based on the individual circumstances of each case. Eviction in such circumstances will be treated as a cancellation by you. You will be liable to reimburse International Villas for any expenses whatsoever incurred by us as a result of such behavior. In the unlikely event we evict you or deny you access to the villa we will not pay any refund or the cost of your alternative accommodation.
If you do break or lose anything of ours or the owner’s, you must tell us so we can arrange a replacement or repair. You must not try to rectify the problem yourself.
ix) Complaints
In the unlikely event that you have any manner of complaint, you must report it to our office either in the UK or Ibiza as soon as possible and always within 24 hours if we are to be obliged to resolve the issue for you. You are obliged to allow us a reasonable amount of time to rectify the problem, and to make allowances for any local conditions that may affect this (including but not limited to local public holidays etc). Your failure to advise us of issues you encounter within 24 hours and/or accept the good-faith remedies offered by International Villas will void any subsequent claim made by you.Compensation payments will only be considered where it is proven that any reported problem had a prolonged or major impact on the enjoyment of the holiday booked. If you are still dissatisfied upon your return from holiday and you wish to pursue the matter further then you agree that all formal claims and complaints must be made in writing to International Villas in the UK within 14 days of the final day of your rental period. Any claims made after that date will only be considered at our sole and absolute discretion. Failure to follow these procedures will reduce or extinguish any rights you may have to make a claim against us.
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)Telephone Calls
We would like to advise our clients that we randomly record telephone calls. This ensures that customer service is constantly improved.
xiii)Legal Matters and Disputes
This is our entire agreement. Any changes must be in writing. 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 cannot accept responsibility for any damage, loss, delay, or inconvenience cause by circumstances beyond our reasonable control. Such circumstances include but are not limited to War, threat of war, riots, civil strife, acts of terrorism, strikes, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government.These booking conditions were published in October 2007 and supersede all previous editions.
|
|