In making a Booking with VC You are deemed to have confirmed Your acceptance, in full, of these Conditions.
We, VC, are a duly appointed and authorised agent of the Supplier entitled to enter into a Contract with You for the occupation of the Property at the times stipulated in a completed and accepted Booking Form and subject to all of the terms and provisions of these Conditions.
These Booking Conditions and our acceptance of a Booking made through us will constitute a contract between You, VC and the Supplier, details of whom may be supplied to You on request. All Deposits (other than the Security Deposit) are held to the order of the Owner.
These Conditions, the Booking Form and any Contract arising thereunder are governed by and construed in accordance the English law and You agree to submit to the non-exclusive jurisdiction of the courts of England and Wales.
How to make a Booking
1. A Booking will only be accepted upon the completion or exchange between You and us of the Booking Summary together with the payment in full in cleared funds of the applicable [non-refundable] Deposit. Details pertaining to the amount and payment of the Deposit will be set out in the Booking Summary. A Contract will only come into being when You receive a written acknowledgment from us confirming acceptance of the Booking
2. You are required to pay the full Price at the time or times set out in the Booking Summary.
3. On or before sending You confirmation of Your Booking VC will advise You via the Booking Summary of the amount of the Security Deposit applicable to Your Booking. This amount varies depending on the requirements of the Supplier but is intended to be a reasonable sum to meet contingent costs for damage, breakages and Your exceptional use of utilities, Services and similar additional charges which are Your responsibility. If no claim is made against the Security Deposit or if there is a balance in Your favour this will usually be refunded to You within two (2) weeks of the end of Your stay.
Cancellation or Alterations by You
5. Subject to clauses 23 and 24 [Force Majeure] any cancellation by You (for whatever reason) must be in writing by letter (or by email, confirmed by letter) addressed to VC at info@villacollective.com. The date of cancellation shall be deemed to be the date on which You so notify us.
6. If Your cancellation is received before the date on which the Booking Summary requires You to pay full Price (“Final Payment Due Date”) You will lose Your Deposit but not be liable for any further payments. If Your cancellation is received after the Final Payment Due Date and the Property cannot be re-let for the same Booking period, You will be liable to pay a cancellation charge equivalent to the full Price..
7. To the extent that the Property is re-let by us at a price at least equal to the Price the amount paid by You will be reimbursed to You. If the Property is re-let but at a price less than the Price then Your payment will be repaid minus the amount by which the Price was discounted.
Cancellations or Alterations by VC:
8. In the unlikely event that for any reason (including the unavailability of the Property due to a sale, repossession or otherwise) it is necessary for VC to make an alteration or cancellation to any Booking, we will inform You as soon as possible and, if requested, will make all reasonable efforts to arrange alternative accommodation of a similar type and standard in a similar location. If alternative accommodation is not requested or, where requested, is not available, all monies paid by You will be refunded in full, except where clauses 23 or 24 apply, and You accept (waiving all rights to claim on any other basis, save as provided in clause 17, that this represents a fair and adequate remedy.
9. The information and any description (including photographs) supplied by VC in respect of any Property are shown in good faith as generally being available at the time of Booking. Should local amenities vary or facilities not be available at certain times as a result of weather conditions or local circumstances, You acknowledge that VC cannot be held responsible.
Responsibility for the Use of the Property
10.The Property is let for holiday purposes only and may not be used for any other purpose without the written consent of VC. The number of occupants shall not exceed the published capacity of the Property as stated on the VC website and in the Booking Summary at the time of Booking.
11.Whilst our website seeks to give a clear and honest impression of the Property, You accept that the decoration, furnishings and items provided with the Property may differ from that shown on or in any website, brochure or literature available at the time of Booking for whatever reason and at the discretion of the Supplier.
12.To the extent that the Property fails to live up to Your expectations based on any prior information available to You, or if the Property is seen to be damaged either on arrival or at any time during Your stay, You must notify us as soon as practicably possible. Except for any damage notified to us upon arrival, all damage to the Property and any loss which, in each case, is apparent from an inspection of the Property after Your departure, will be Your responsibility to make good at Your cost and You agree to fully indemnify us or the Supplier in this respect. Any serious damage or misuse in relation either to the Property or items provided may, at VC’s discretion and with the agreement of the Supplier, result in Your occupation being brought to an end early.
13.VC cannot be held responsible for eventualities that are beyond Our control (see clauses 23 and 24 below)/p>
Your responsibility and Insurance:
14. It is Your responsibility to obtain all documents required for Your travel and occupation of the Property, to ensure these are in proper order and to take them with You and to ensure that You have a valid passport (note: it must be valid for at least 6 months beyond the date of Your return) and any necessary visas.
15. It is a condition of the Contract that You (which includes all occupants of the Property) must have adequate travel insurance to cover all normal risks associated with Your Booking including cancellation costs, pre-existing medical conditions, repatriation in the event of accidents and medical expenses. On request from us, You agree to supply VC with copies of any policy documents evidencing such holiday insurance provided that we will not be obliged in any way to check the adequacy of any policy. If You choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising in respect of which insurance cover would otherwise have been available.
16. It is Your responsibility to take all precautions necessary or reasonable to keep all children and adults at the Property safe and free from harm, especially around water. Neither VC nor the Supplier will be held responsible for any accident that might occur as a result of You not being sufficiently vigilant either inside or outside the Property. Children must be supervised by a responsible adult in or around the swimming pool at all times.
Our responsibility:
17. Subject to the limitations set out in clauses 18 to 26 (inclusive) we will accept responsibility for any direct financial loss suffered by You arising out of our negligence in failing to provide or arrange the services agreed to be provided under the Contract with You. Reasonable compensation will be calculated taking into account factors, including: compliance with the complaints procedure set out in clause 27, the extent to which any injury loss damage or expense resulted from the act or omission of the claimant or any third party, and the extent to which our negligence affected the overall enjoyment of Your holiday.
18. In order for You to be able to recover any loss from us under clause 17 such loss must have been reasonably foreseeable, both at the time the Contract was entered in to and at the time to which the claim refers or the loss incurred: You acknowledge that it would not be reasonable for us to be responsible for losses that were never in the contemplation of either of us at the time Your Booking was confirmed and this agreement was entered in to.
No liability for indirect or consequential loss or for loss of personal possessions
19 Under no circumstances will VC accept any liability whatsoever for indirect or consequential loss of whatever nature, including loss of profit or wages, all of which are expressly excluded from our liability and You hereby waive any rights that You might otherwise have had in law to claim such losses or damage. To the extent, however, that You may have a claim You are required and agree to notify us of all relevant details associated with such claim as soon as possible; not least so that we can, if considered appropriate, take such steps as we consider necessary to mitigate any such loss or damage.
20 You shall be wholly responsible for all items of property which belong to You and which You have with You at the Property and for any loss, damage, injury or other liability to such items or caused by such items.
21 In acting as agent for the Supplier, we shall not be liable for any act or default of the Supplier under these Conditions or any letting made through us, as such liability shall be with the Supplier; this may include withdrawal of the Property from rental, the Property being damaged to such degree that the Booking cannot commence or any alteration to the Property prior to Your occupation – if we become aware of such circumstances prior to Your arrival, we will try to alter Your Booking under the provisions of clause 8.
Recovery from third parties
22 To the extent that You are or would be able to recover any loss suffered from a third party, whether through travel insurance or otherwise You undertake, before seeking any recovery from us, to use Your best endeavours to seek recovery in full from that party.
Circumstances beyond our Control (Force Majeure)
23. Unfortunately, we cannot be held liable for any failure or delay in performing our obligations under these Conditions or the Contract and will not be responsible for any compensation where that failure or delay results from any cause that is beyond our or the Supplier’s reasonable control. Such causes include, but are not limited to:
23(a) the breakdown of any equipment or machinery, internet service provider failure, adverse weather conditions (including flood, storm or snow), the inability of any person to deliver or supply goods or services (including the availability of transportation, food, utilities or other general requirements) for whatever reason, including the difficulty or increased costs in finding persons to provide or deliver such goods or services; and/or
23(b) power failure, strikes, lock-outs or other industrial action by third parties, riots and other civil unrest, fire, explosion, flood, storms, earthquakes, subsidence, or other natural disaster; acts of terrorism (threatened or actual), acts of war (declared, undeclared, threatened, actual or preparations for war); and/or
23 (c) a pandemic or localized epidemic (including Covid 19 or any other form of corona virus).
24 The extent that we become aware of any of the circumstances described in 23 above we will advise You as soon as reasonably possible, stating the cause that has prevented or delayed our performance of any obligations and any other information of which we are aware that are relevant to Your Booking but beyond our control. Notwithstanding anything else hereunder, we shall nonetheless take all steps that are reasonably practicable and within our power to comply with the provisions of the Contract as fully and promptly as possible.
Maximum Liability to You.
25 Save in respect of clause 26, our maximum liability to You, whether in contract, negligence, misrepresentation or otherwise and including any liability we may have to statutory interest, is limited to the total amount of commission actually received by us in relation to Your Booking.
26 Notwithstanding anything above, no provision of these Conditions shall operate to limit or exclude our liability for fraud or for death or personal injury caused by our negligence or breach of statutory duty.
Complaints and Notification
27 In the event that you have any complaint regarding the Property You must notify us or the property manager within 24 hours and notify VC in writing (which may include acknowledged electronic communication) within no more than 36 hours. To the extent that You fail to describe your complaint within these time frames You may have deprived VC of the opportunity to investigate and, if necessary, rectify any issues You may have and this may affect our or the Supplier’s liability to You under the Contract.
Villa Arrival and Departure Times
28 The time at which you may arrive at the Property on the stated date of Your arrival will be notified to you separately. (If You arrive much later than the arrival time we would ask You to inform the local manager).
29 You must depart on the stated date of Your departure before the time you will have been notified.
Data Protection
30 All personal data that VC may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and Your rights under the GDPR and/or under any legislation which may succeed GDPR.
31 For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of Your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Notice available from https://www.villacollective.com/privacy-policy.
April 2022