Please read the following terms and conditions carefully before you book.
The following booking conditions, together with the essential information on our website, form the basis of your contract with the owner or supplier of your chosen property or other arrangements where you make a booking which we accept on the owner’s or supplier’s behalf. These booking conditions also cover Affinity Villas Limited’s role and responsibilities in respect of your booking, you are deemed to have accepted these booking conditions in full.
In these booking conditions the following words have the following meanings: -
- “lead name” means the person who makes the booking (who must be at least 25) and with whom we communicate in respect of that booking (and any substitute for them);
- “owner” means the owner(s) of the property or anyone else with authority to make the same available for holiday letting purposes;
- “supplier” means the supplier of the booked services such as transfers or care hire;
- “owner’s terms” means the terms and conditions of the owner which apply to your rental of the property and which are additional to or separate from these booking conditions;
- “supplier’s terms” means the terms and conditions of the supplier which apply to your booking which are additional to or separate from these booking conditions;
- “property” means the property you have chosen to book including without limitation, the contents, garden, swimming pool, other outside areas, facilities and services;
- “start date” means the date and time from which you will be able to have use of the Property;
- “we” or “us” means Affinity Villas Limited of Station House, Station Road, Liphook, Hampshire, GU30 7DR (company number 04282431) acting in the capacity of disclosed agent for the owner or supplier (except where otherwise specifically stated);
- “you” and “party members” means all persons on whose behalf a booking is made and who stay or are intending to stay at the property including the lead name, or any of them as the context requires.
1.GENERAL
We act solely as the disclosed agents for the owners or suppliers of the properties and other services we feature on our website or are otherwise able to make available for holiday purposes. We do not act in any other capacity and do not enter into any contract with you in respect of, the rental of the selected property, or other services, which will at all times be with the owner or supplier. The owner’s or supplier’s own terms and conditions will apply in addition to these booking conditions and in the event there is any conflict between any provision of these booking conditions and the owner’s or supplier’s terms and conditions, the relevant provision of the owner’s or supplier’s terms will take precedence. A copy of the owner’s or supplier’s terms will be made available at the time of booking or earlier on request where we have received these. As agent, our responsibilities are limited to the provision of information in respect of properties or services which may be suitable for your requirements, facilitating your booking of your chosen arrangements where requested to do so and otherwise communicating between you and the owner or supplier in respect of your booking. The information we provide is obtained from the owners, suppliers or their representatives and is passed on in good faith.
These booking conditions also set out the basis on which we advertise properties and services and accepts and administers bookings. They also set out our relationship with owners or suppliers more generally and our liability for the booking service we provide.
2. BOOKING AND CONFIRMATION.
All bookings are subject to these booking conditions (and any booking conditions of the owner or supplier). By asking us to make your booking with the owner or supplier, the lead name confirms that he/she and all persons named on the booking have read, understand and agree to these booking conditions. The lead name must be at least 25, be a member of the party and confirms he/she is authorised by you to make the booking on the basis of these booking conditions. Bookings are accepted at the owners discretion and may not be accepted from same sex groups or groups under the age of 30. If accepted an additional security deposit will be required. The lead name is responsible for making all payments due in respect of the booking.
Booking can be made either online or by telephone. To book online please follow the online booking procedure. To book by telephone please ring our reservations team on 01428 788520 to check availability and confirm prices. Our reservations team can provisionally hold a villa, for up to 24 hours, while you confirm any travel or additional arrangements.
To confirm a booking, we require a 30% deposit, or full payment if your booking is within 10 weeks of departure. Your deposit payment can be made by cheque, debit or credit card. Please note Corporate/Business Debit/Credit card payments carry a 2% surcharge. If any card is taken without the surcharge, this will to be charged retrospectively.
Once we have received your payment, we will confirm your booking with the owner or supplier by issuing a confirmation invoice on their behalf. This invoice will be sent to the lead name. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.
A binding contract between you and the owner or supplier will come into existence upon despatch of your confirmation invoice detailing all elements of your booking. This contract will be subject to these booking conditions and the owner’s or supplier’s terms. It is your responsibility to check this carefully as any changes subsequently made to your booking will be treated as an amendment or cancellation and maybe subject to a charge. If you make any special requests, and we do not confirm whether these can be met prior to booking, such requests will not be guaranteed. We will not be able to advise you whether such special requests have been fulfilled before you leave. You should check carefully the booking details and all documentation provided to you (including these booking conditions) and contact us immediately if you think any details we give you are inaccurate.
3. BALANCE PAYMENT.
The balance of the price of your arrangements including the security deposit must be paid at least ten weeks prior to the departure date. The due date will be clearly stated on your confirmation invoice. The owner or supplier is entitled to treat your booking as cancelled if you fail to pay the balance or the security deposit on time. (See clause 6.). Payment can be made by MasterCard/Visa, Debit or Credit Card, we can also accept cheque payments. Please note Corporate/Business Debit/Credit and International card payments carry a 2% surcharge. If any card is taken without the surcharge, this will to be charged retrospectively.
4. PRICE GUARANTEE.
The price of your arrangements booked through us will not be subject to any surcharges after the confirmation invoice has been issued. If you obtain a quote from us for a booking but do not book it at the time, the owner or supplier reserves the right to increase or decrease the price at any time before you book. Villa prices quoted are per villa per week. Car hire prices are quoted per week. Transfer prices and any additional service costs are quoted on an individual basis. All prices are quoted in Pounds Sterling (unless otherwise stated).
5. ALTERATIONS BY YOU.
If you wish to make any changes to your booking after it has been confirmed this must be communicated to us as soon as possible and in writing. Charges by the owner or supplier concerned for changes or cancellations are usually calculated from the date we receive your request or notification on behalf of the owner or supplier. We will try to assist wherever possible but cannot guarantee that any such changes can be made. If we are able to comply with your requested change on behalf of the owner or supplier an administration fee of £25 per person named on the booking form will be charged together with any increased costs from the owner or supplier. Where changes to villas or car hire are requested within 8 weeks of departure then cancellation charges as set out in clause 6 may apply and the amended arrangements will be treated as a new booking. Cancellation charges for villas will not apply for name changes where a new party member is substituted for one who is prevented from travelling. You must give at least 28 days’ notice in writing, the administration fee of £25 per person will be charged in addition to any charges or costs levied by the owner or supplier.
6. ALTERATIONS/CANCELLATION BY THE OWNER OR SUPPLIER.
The owner or supplier reserves the right to change any holiday details, including the price, before you book in which case we will tell you before the holiday contract takes effect.
The owner or supplier reserves the right to cancel or make changes to your booking where necessary for reasons outside the owner’s control. Most changes will be insignificant, such as a facility in the accommodation being unavailable, in this case you will not be entitled to cancel your booking without payment of cancellation charges. In the unlikely event of a significant change or cancellation of your booking by the owner or supplier, we will inform you as soon as possible. In the event of cancellation or a significant change which you are not prepared to accept where the owner or supplier cannot offer you an acceptable alternative (such as changing to different dates), all monies you have paid us will be refunded to you. If requested and if available we will try to offer you alternative accommodation of a similar type, price, standard and location. The owner or supplier has no liability to you beyond the refund of the booking cost.
We have no liability for any cancellation or alteration of the booking by the owner or supplier and accordingly no responsibility for any costs, expenses or losses you incur as a result such as, for example, the cost of any flights or other arrangements you have made in connection with your booking of the property.
The information and description (including any photographs) provided by us are intended in good faith to show the property as generally available at the time of booking. However, changes affecting the property or local area may have occurred by the time of your stay. Should local amenities or facilities vary, have been withdrawn or not be available for any reason including as a result of restrictions imposed due to COVID-19, weather conditions, insufficient demand, maintenance/repair or local circumstances, neither we nor the owner or supplier will be responsible.
7. CANCELLATION BY YOU.
We are authorised to accept notice of cancellation on behalf of the owner or supplier. You, or any member of your party, may cancel your arrangements at any time providing that the cancellation is made by the lead name and is communicated to us in writing. Cancellation is subject to the owner’s or supplier’s cancellation policy. The cancellation charges set out below are owner or supplier typical, however, owners or suppliers may set different charges generally or in relation to particular bookings. We will advise you at the time of booking of any different cancellation charges which apply to your booking. You should have travel insurance to cover against cancellation risk.
70 days or more loss of deposit
Between 69 – 29 days 50%
Between 28 – 15 days 75%
Less than 14 days 100%
8. INSURANCE.
It is a condition of your contract with the owner or supplier that you have adequate insurance cover in place at time of booking. It is your responsibility to ensure any policy meets your needs, including the cost of cancellation, assistance overseas if you suffer accident or illness and for damage or loss to the property. Please take this and your travel insurance policy with you on holiday.
9. INTERNATIONALTRANSPORT ARRANGEMENTS..
You are responsible for arranging your transport to and from your home country. We can provide you with details of companies who may be able to assist. Payment and contracts for these services are made directly to and with the company providing the same and are subject to their applicable terms and conditions. We do not take a commission for passing on such details nor do we act as agent on their behalf. We cannot accept any responsibility for any problems or claims arising out of any international transport services.
10. PASSPORTS, VISAS AND HEALTH REQUIREMENTS.
You are responsible for your travel and health documentation (passports, driving licences, vehicle registration documents, green card, motor insurance etc). Neither we nor the owners or suppliers can accept liability if you are refused entry onto any transport or to any country due to failure on your part to carry correct documentation. British citizens currently require a valid full passport and visas are not required for travel to Portugal. If you do not have valid documents you will not be able to travel. The carrier may be subject to a fine if you try to travel without the correct documentation and may reserve the right to recover any such charge from the passenger. For citizens of other countries, up to date information on passport, visa and health requirements should be obtained from the Portuguese Embassy.
11. YOUR PROPERTY AND SAFETY.
You accept the property booked and undertake to take responsibility and exercise reasonable care in respect of your booked property and its equipment and facilities. We ask that you be mindful of your own duty of care and give thought to your own and other members of your party’s safety whilst you are away. Local regulations may mean that the layout and services within the property are different from those to which you may be accustomed. Property compliance is always with respect to local regulations. The property provided must only be used by the person(s) shown on your booking confirmation and subletting, sharing or assignment is prohibited. The maximum number of occupants for each property is detailed in the property descriptions should under no circumstances be exceeded. Owners are likely to refuse admission or evict as necessary to comply with this condition. Likewise, if in the opinion of the owner or supplier concerned, you are, or appear to be, behaving in such a way as to cause disturbance or annoyance to third parties, or causing damage to the property, they may terminate your arrangements. In this situation they will have no further liability to you and you will be responsible for any extra expense you incur as a result. You will also be responsible for meeting any claims for damage or breakages.
12. ENGLISH LAW AND JURISDICTION.
These booking conditions and all matters arising out of them are governed by English law. Where you wish to make a claim against us as agent or have any dispute with us as agent in relation to any service provided by us (see clause 14), we both agree this will be dealt with by the Courts of England and Wales only.
13. COMPLAINTS.
Your contract is with the owner or supplier. In the event that you are disappointed with the property or other services or have any other reason to complain, we will attempt to assist you on a goodwill basis if you cannot reach an acceptable resolution with the owner or supplier. You must first contact the owner or supplier or their representative and give him/her the opportunity to deal with your complaint. If you are unable to make contact or your complaint is not resolved to your reasonable satisfaction, you should then contact the person who is available to assist locally (whose details are shown on your travel documentation) and/or us in the UK who will liaise with the owner or supplier to try to solve the problem.
Complaints received at the end of the holiday will not be accepted. If you vacate the property before your departure date without notifying the owner or supplier and, if necessary, the person available to assist locally or our UK office, you deprive the owner of the opportunity to attempt to rectify the problem. You will therefore forfeit your right to compensation.
If the problem was not resolved to your reasonable satisfaction during your holiday, you should put your comments in writing and provide these to us within 7 days of the end of your stay. We will forward your written complaint to the owner or supplier and will within reason liaise with the owner or supplier to assist in reaching a satisfactory settlement for all justifiable complaints regarding the property that you may have. However, it is your responsibility to take the complaint up with the owner or supplier directly if no satisfactory settlement can be reached.
If you have any complaint regarding any service we provide (as opposed to any provided by the owner or supplier), you must inform us immediately in writing and in any event within 7 days of the provision of the service in question. We regret we cannot accept any liability if we are not so notified.
14. OUR PROMISE AND LIABILITY.
14.1 We act only as agent for the owner or supplier. We do not act in any other capacity and do not enter into any contract with you in respect of the rental of the property or the supplier of any services, which will at all times be with the owner or supplier. As agent our responsibilities are limited to the provision of information in respect of properties or services which may be suitable for your requirements, facilitating your booking of your chosen property or services where requested to do so and otherwise communicating between you and the owner or supplier in respect of your booking. We do not have any liability in any capacity (neither as agent for the owner or supplier or otherwise) in respect of the performance of your contract by the owner or supplier, the property or services in any respect including your occupation and use of the same or for the acts and/or omissions of the owner or supplier, their employees, agents and other third parties who provide any services in respect of or in connection with the property. We cannot accept any liability for any act(s) or omission(s) of the owner or supplier or anyone representing, or employed, contracted or otherwise used by, the owner or supplier. Further, we cannot accept any liability for any shortcomings or defects with or in any property or services as all properties and ancillary services are within the sole control of the owners or suppliers.
14.2 Our maximum liability to you if we are found to be at fault for any reason in relation to any service we provide (as opposed to any service provided by the owner/supplier or any third party used by them for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
14.3 The owner or supplier may exclude or limit their liability to you in respect of any breach of contract, negligence or other fault on their part (including without limitation, in respect of the acts and /or omissions of the owner or supplier or their employees, agents and other third parties who provide any services in respect of or in connection with the property or services) which may otherwise give rise to an entitlement on your part to claim damages. Any such exclusion or limitation will usually be found in the owner’s or supplier’s terms which we will make available to you at or prior to the time of booking where we receive these from the owner or supplier. Please bear in mind that any such exclusion or limitation will be subject to the laws of the country which apply to your contract with the owner which will generally not be English law.
14.4 Neither we nor the owner or supplier can be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond the owner’s control. In the event that a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will endeavour to contact you to inform you of the disturbance.
14.5 Neither we nor the owner or supplier can be held responsible for the breakdown of, or technical problems with, mechanical equipment such as pumps, boilers, swimming pool filtration systems or domestic equipment, nor for the failure or non-availability, for any period of time, of utilities such as water, gas and electricity.
15. FORCE MAJEURE
Neither the owner, the supplier nor we will be responsible for any damage, loss, expenses, costs or other sum of any nature which you suffer or incur as a result of any event or circumstances which is outside the control of the owner, supplier or us (as applicable). In relation to the owner or supplier, this means the owner or supplier will not be liable for any failure to perform or improper performance of their contract with you which is the result of any event or circumstances which is beyond the owner’s or supplier’s control. Such circumstances include, without limitation, the unexpected breakdown or failure of any equipment, machinery or facilities provided or made available to you at the property, or the failure, interruption or restriction of any public utility (such as electricity or water), extreme adverse weather or local conditions including flood, snow, storm, drought and exceptional temperatures (including the effect of any such conditions of the ability of any person to deliver or supply goods or provide services), strikes, industrial action, lock-out or labour disputes, natural disaster, acts of terrorism, war, riot or civil commotion, sabotage or malicious damage, fire or accidents and compliance with any law or governmental order, rule, regulation or direction, local restrictions or bye-laws or local custom.
16. DATA PROTECTION.
Affinity Villas will not supply any personal client information to any 3rd party excepting that which is required by a supplier to process your booking.