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TERMS AND CONDITIONS

Dear Guests,

It is a requirement that we have these Terms and Conditions so in the event of any issues we have a point of reference as to how things should be dealt with. By booking with us you are agreeing to these Terms and Conditions.

Private Villa in Spain - Terms and Conditions
(A copy of these Terms and Conditions can be seen on the reverse of your Booking Confirmation)

In these terms and conditions the following terms have the following meanings:
Accommodation means the property shown in the booking confirmation or as may otherwise be agreed in writing between the Us and the Guests;
Agreement means the agreement between the Us and the Guests for the holiday rental of Accommodation on these Terms and Conditions;
Us/We means Mr and Mrs Walpole whose address is 11 Smalley Drive, Oakwood, Derby DE21 2SF; and
Guests means the person named in the booking confirmation and all other persons occupying the accommodation for the holiday rental period.

Agreement
The making of a booking will form an Agreement on these Terms and Conditions between the Guests and Us for the holiday rental of the Accommodation. We permit the Guests to occupy the Accommodation for the holiday period shown on the booking confirmation together with the use of its contents with the exception of our personal belongings stored in the chest in the main bedroom.

Price Changes
Holiday prices are reviewed each year. If Guests have booked in advance of any price review we will honour the price originally specified on the booking confirmation.

Booking and Payment Terms
The total price for your booking (the "holiday price"), and the dates on which the holiday price is payable, will be set out in your booking confirmation. For bookings made 8 weeks or more in advance, the booking for a holiday will be effective when the deposit of £80.00 per week booked is received by Us, in the event of the booking being longer than 4 weeks then a maximum of £400.00 will be due as the deposit. Any bookings made 8 weeks or more in advance may be held as provisional bookings for a maximum of 5 days. The full balance of the total holiday price will be payable not later than 8 weeks before the holiday begins, the balance due date will be stipulated on the booking confirmation. For bookings made for a holiday less than 8 weeks in advance full payment must be made at the time of booking. The holiday price is not subject to VAT. All payments can only be accepted in Pounds Sterling either in cash, as a cheque or by BACS transfer direct to our account.

Villa Keys and Villa Keys Deposit
The Guests will be issued with a set of keys to the Accommodation approximately 10 days prior to the start of the holiday period together with further useful information about the Villa and directions, etc. and the Guests must return the keys upon the Guests return home after of the holiday period. The Villa Key Deposit of £50.00 as stated on the booking confirmation is due at the same time as the full balance of your holiday is due, this amount is refundable upon Us receiving the Villa Keys at our address upon your return to the UK, these should be returned by "Signed For" Royal Mail post where possible. If keys are returned via normal post then we cannot accept responsibility for their loss in transit and the Villa Key Deposit will be retained in full and used to replace any missing or lost keys. In the event that keys are returned with insufficient postage an amount of £5.00 will be deducted from the Villa Key Refund to cover the extra costs and time involved in retrieving the keys from the Royal Mail Postal system.

Cancellation
If the Guests wishes to cancel a booking you must give Us notice in writing as soon as possible. Cancellation takes effect on the day we receive your written notification. The closer your cancellation is to your holiday start date, the less likely we are to recover the holiday costs by re-selling your Accommodation. Our cancellation charges therefore increase as the holiday start date approaches:
More than 8 weeks prior to start of booking - The initial deposit.
Within 8 weeks prior to start of booking - 100% of the holiday price and deposit.
If you cancel within 8 weeks of the start of your booking and we are successful in re-booking your holiday period we may, at our absolute discretion, refund all or part of the amount paid for your holiday, however, in all cases the deposit will be retained. Should you need to cancel your holiday for personal reasons beyond your reasonable control, we will, at our absolute discretion, carry your deposit forward to a future booking with Us at a later date. If, following a booking, the full balance is not paid on time, We shall notify the Guests one week after the date shown on the booking confirmation overleaf in writing to remind you that full payment is now due. If, after 7 days from the date on which full payment is due, full payment has not been received by Us then We may cancel the holiday booking and the above cancellation charges will apply.

Our Right to Refuse/Alter
We may, at our discretion, refuse any booking. We may cancel or alter arrangements made for the Guests whether before or during the holiday period provided that such cancellation or alteration is necessary: a) due to circumstances beyond the reasonable control of Us; or b) to perform or complete essential remedial or refurbishment works. If a booking is altered or cancelled by Us, We will take reasonable steps to offer a suitable alternative booking. If We are not able to offer such an alternative or the Guests does not accept the alternative offered, then we will return to the Guests the relevant proportion of the holiday price paid by the Guests to Us in respect of the Accommodation and will not otherwise be liable for any additional loss caused by such alteration or cancellation.

Change of Booking
Changes to bookings are not normally permitted e.g. a change in the Guests or a change from one date to another. We may, at our absolute discretion, accept changes to bookings subject to payment of a fee of £10.00 (ten pounds). However, changed bookings will not normally be accepted within 8 weeks of the Guest's holiday.

Occupancy and Maximum Numbers of Guests
Occupation must be limited to the maximum number of persons for the Accommodation which is six persons, or six persons plus one baby in the cot, in the available beds only - no additional camp beds, tents, caravans or campervans are allowed. The occupation limits are set in line with the level of services available in the Villa. To exceed the maximum number of persons in the Villa overloads the facilities available which are often not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage. The Agreement is personal to the Guests. The Guests must not use the Accommodation except for the purpose of a holiday by the Guests and the Guest's party during the holiday period, and not for any other purpose or longer period. The maximum occupancy of the Accommodation shall not be exceeded. We will however always give reasonable consideration to specific requests for use of the Accommodation which may relate to occupancy.

Services
The holiday price will include all charges for water, electricity, council rates/taxes. Guests must comply with the instructions found in the Information provided regarding the appropriate usage of equipment provided within the Accommodation. Any damage caused by inappropriate use of facilities will be charged to the Guests.

Liability and Loss of Guest's Property
Any Guest's property found at the Accommodation or on our property will be subject to Our Holiday Lettings Policy regarding lost property. Lost property will normally be disposed of if it is not made known to Us within 6 months and We may charge a reasonable administration fee to cover the costs of storage and handling of lost property. We will not be liable for any loss of property or any other loss or damage caused by it or its agents or contractors: unless it has breached a legal duty of care owed to, or contractual term for the benefit of, the claiming party; where such loss or damage is not a reasonably foreseeable result of any such breach; or where such loss or damage results from a breach by the claiming party of any duty of care owed to, or contractual term for the benefit of, Us.

Pets
Animals are not permitted in the Accommodation except in circumstances where We have given express permission. In instances where We have given permission an additional deposit of £200.00 will be required with your final balance payment for your holiday 8 weeks before the start of your holiday, this will be refunded in full or in part once our cleaners have stated that no damage or "unpleasantness" has been found in the Accommodation. Where animals are permitted then a maximum number of two animals shall apply and only well trained animals are permitted on condition that they are not allowed in the bedrooms and especially not on the beds, on the furniture, nor left unattended in the Accommodation. All animals must be pre-booked with Us (by phone, email or in writing) before the holiday commences. Assistance dogs are permitted in the Accommodation, however the Guests must notify Us of the intended presence of any assistance dogs prior to booking.

Our Right of Entry
As with any Accommodation, there is a need for ongoing and occasionally unforeseen work in any Accommodation. We and our contractors may enter the Accommodation at any reasonable time for reasonable cause. This includes the need to undertake inspections and audits necessary to operate the business, the undertaking of unforeseen (internal and external) remedial repairs together with any annual external re-decoration for which access to the inside of the Accommodation may be required. External windows and doors may be opened during this process. We will give the Guests reasonable notice of such requirements, and aims to restrict the working hours of our contractors to between the hours of 09.00 - 17:00. If this is not possible We will offer you reasonable compensation for any foreseeable inconvenience or loss of enjoyment caused on that day.

Guests Obligations
The Guests will be responsible for all payments and for any damage whether caused by the Guests or his or her party. The Guests agree to make all of the party aware of these Terms and Conditions. The Guests agree to keep and leave the Accommodation and its contents in the same state of repair and condition, and in a clean and tidy state as at the commencement of the booking period (reasonable wear and tear excepted). The Guests must allow Us and/or its agents/caretakers to enter the Accommodation to inspect the state of it, on reasonable notice, except in emergency when immediate access must be granted. The Guests must not use the Accommodation or allow its use for any dangerous, offensive, noisy, illegal or immoral activities or carry on there any act that may be a nuisance or annoyance to Us or to any neighbours. We will not tolerate any verbal or physical abuse towards any of our representatives or neighbours. The Guests and the party must comply with any reasonable regulations relating to the Accommodation. Smoking is not permitted in any part of the Accommodation and the Guests and any member of their party agrees not to smoke inside the Accommodation. The use of candles or fireworks by the Guests or his or her party at the Accommodation is strictly not permitted. The use of barbecues is not permitted at any time at the Accommodation.

Damages and Security
We recommend that Guests hold personal insurance for accidental damage and personal liability. If on arrival at the Accommodation you discover that anything is missing or damaged then this must be reported to our Caretakers or Us immediately otherwise it will be presumed that the damage/loss was caused by the Guests and a charge may be made. We do not operate a damages and security policy, instead we rely on the honesty of the Guests to either replace or repair any damages they cause during the holiday period (eg: the replacement of broken glasses), in the event of a larger breakage or damage occurring then these should be reported to Us or our Caretakers who, at our discretion, may make a charge to replace the items, we reserve the right to deduct these charges from your Villa Key Refund if necessary. The security of both you, our Guests, and your belongings whilst on holiday is very important to us, We suggest that you make full use of the Safe at the Villa and follow the instructions in the Villa Information Folder and in the holiday information we have provided you with to ensure your safety whilst on holiday. Please read the information in the Villa Information Folder regarding the operation of the Safe, Air Conditioning, Washing Machine and other important devices at the Villa including the TV and Wi-Fi.

Water Supply/Electricity
We cannot accept responsibility for a shortage of water at the Accommodation where this is as a result of a drought, an act or omission of the relevant water services company or for any other reason outside of Our reasonable control. Due to the low voltage system of electricity supplied at the Accommodation the electricity is prone to "tripping out" if too many appliances are being used at the same instance, We accept no liability for the electricity tripping out whilst you are staying at the Accommodation and ask that you use the tripping out as an indication that too much electricity is being consumed and that you regulate your usage of the electric accordingly.

Weather
Our liability does not extend to weather related conditions.

Comments/Complaints
Every reasonable care will be taken to ensure that the Accommodation is presented to Guests to a high standard. Should the Guests find on arrival that there is a problem, or cause for complaint, the Guests should immediately contact our Caretaker whose number is in the Villa Information Folder and/or Us. Reasonable steps will then be taken to assist the Guests. We are committed to ensuring that any problems or complaints Guests may have whilst at the Accommodation are resolved efficiently and promptly, but as such must be given the opportunity to do so. Any refusal to notify our Caretakers or Us immediately or refusal of reasonable rectification may affect the Guest's right to compensation. Guests must provide a contact telephone number (mobile preferred) and suitable time for our Caretakers/Us to communicate with them about problems or complaints. Guests must allow access to the Accommodation by any staff or contractors of the Caretakers or Us to resolve problems or complaints. If despite contacting our Caretakers or Us the problem or complaint remains unresolved, the Guests must contact our Caretakers or Us again. The Guests must not independently move to other Accommodation without first allowing Us the reasonable opportunity to assist in resolving the complaint or problem. If the Guests do so, or refuses reasonable rectification, the Guests may affect their rights to compensation.
Guests must formally confirm any unresolved complaint in writing; by telephone or by email to Us alone within 14 days of returning from the holiday. Please contact: Mr M Walpole, 11 Smalley Drive, Oakwood, Derby DE21 2SF or 07721 022565 or at info@PrivateVillaInSpain.com

Arrival and Departure Times
The Guests and his or her party must arrive after the arrival time (3:00pm on the first day of the holiday period) and depart before the departure time (10:00am on the last day of the holiday period). If you wish to arrive early or stay later then there are additional charges which are detailed under our Questions and Answers page on our website. However, sometimes we have bookings back to back with same day changeovers, on these occasions it is unlikely we can accommodate any specific requests and in those circumstances the above times must be adhered to.

A Different Way of Life
Our Villa is located in a residential area in Spain and any action by the Guests and his or her party that interrupts or endangers the livelihood of others authorised to use the Accommodation and/or the surrounding area, will constitute a breach of the Agreement by the Guests.

Right to Evict
We may terminate the Agreement on notice, and in such case the Guests and his or her party must leave the Accommodation, (without compensation being payable to the Guests or any member of his or her party) if: this is deemed necessary by Us where there is a serious breach by the Guests of the Agreement or the Guest's or his or her party's behaviour endangers the safety of other Guests or other persons; or any complaints are made of anti-social, unacceptable behaviour or unreasonable breakages or damage occurs or smoking restrictions are not observed.

Data Protection
We may communicate with you from time to time. If you wish us to remove all your details from our database after your holiday then please just let us know. We never pass information to any other parties.

Images
Whilst we try and keep our photos and images as up-to-date as possible we cannot guarantee that everything shown in photographs or any images are 100% accurate. Things get broken or wear out and need to be replaced, where possible, with similar items.

Governing Law
The construction, validity and performance of the Agreement shall be governed by the law of England and Wales, and all parties submit to the non-exclusive jurisdiction of the UK Courts.

Revised 30.07.17

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