Please read these Terms carefully and make sure that you understand them, before making a booking of accommodation (Holiday Accommodation) on our site. These Terms will apply to any contract between us for the booking of Holiday Accommodation. Please note that before making a booking you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to make a booking on our site.
You should print a copy of these Terms or save them to your computer for future reference.
We amend these Terms from time to time as set out in clause 5. Every time you wish to make a booking of Holiday Accommodation, please check these Terms to ensure you understand the terms which will apply at that time.
These Terms, and any Contract between us, are only in the English language.
1. INFORMATION ABOUT US
1.1 The website www.essaouiraluxuryvillas.com is operated by William Currie whose trading address is 3rd floor Castle Chambers, Castle Street, Liverpool L2 9SH. Your contract will be between you and William Currie (the Property Owner).
1.2 Contacting us if you are a consumer:
(a) To cancel a Contract you just need to let us know by post, fax or email addressed to us that you have decided to cancel. Your cancellation is effective from the date which we receive the written notification. Please see clause 6 for details on your right of cancellation.
(b) If you wish to contact us for any other reason, including because you have any complaints which have not been resolved to your reasonable satisfaction in accordance with clause 7, you can contact us by telephoning our customer service team at 0845 680 2452 or by e-mailing us firstname.lastname@example.org.
(c) If we have to contact you or give you notice in writing, we will do so by e- mail or by pre-paid post to the address you provide to us when making a booking.
2. OUR PRODUCTS
2.1 We have made every effort to ensure that the descriptions supplied by the Property Owner are accurately reproduced on the website. We cannot accept responsibility for errors contained in the descriptions. The Holiday Accommodation may vary slightly from those images, illustrations and text on the website and you must accept that.
2.2 The Property Owner reserves the right to make modifications to the Holiday Accommodation specification that are considered necessary by the Property Owner in the light of operating requirements.
2.3 The Property Owner reserves the right to make modifications to, alter or replace furniture, fittings, amenities, facilities or any activities, either advertised or previously available without prior notice to you.
2.4 If material changes occur after your booking has been confirmed we will advise you, if there is reasonable time to do so, before your departure to the Holiday Accommodation.
3. AGE RESTRICTIONS
3.1 You may only make a booking from our site if you are at least 18 years old at the time of booking.
4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US
4.1 Our booking process allows you to check and amend any errors before submitting your order to us.
4.2 We will confirm our acceptance to you by sending you a booking confirmation invoice (Booking Confirmation Invoice). The Contract between us will only be formed when we send you the Booking Confirmation Invoice. Receipt and banking of any deposit paid by you shall not constitute acceptance of any booking or forming of any contract.
4.3 Upon receipt of your Booking Confirmation Invoice, please check the details to make sure that they are correct. If you require us to amend it or reinvoice you, we reserve the right to change an amendment fee of £50.00 or an equivalent amount in Euros, per requested change. We reserve the right to treat a change of property and/or holiday dates as a cancellation of one holiday and the booking of another. Please see clause 6 for details of our cancellation policy.
5. OUR RIGHT TO VARY THE CONTRACT OR THESE TERMS
5.1 If we have to revise these Terms as they apply to your booking or the Contract or if we have to cancel your stay at the Holiday Accommodation specified in your Booking Confirmation Invoice, we will contact you to give you reasonable advance notice of the changes and in the event of a change relating to the property, if you request us to do so, we will use reasonable endeavours to arrange alternative holiday accommodation of a similar type and standard and in a similar location as that in your original booking.
5.2 If you do not reasonably consider the alternative Holiday Accommodation to be acceptable, we will refund all monies paid to us to that date under the relevant Contract and will be under no further liability to you.
6. YOUR RIGHT OF CANCELLATION AND REFUND
6.1 If you wish to cancel your booking, you must notify us in writing, addressed to us by post, fax or email (Cancellation Notice). Your Cancellation Notice shall be effective from the date that it was received by us.
6.2 If you cancel your booking nine weeks or more before the day which you are due to depart for and arrive at the Holiday Accommodation (Arrival Date) then we will be entitled to retain your deposit and you will be entitled to a refund of any additional money paid.
6.3 If you cancel your booking less than nine weeks before your Arrival Date then we shall be entitled to the full holiday cost from you, on the terms as set out in your Booking Confirmation Invoice.
6.4 If your booking is cancelled by us due to non-payment by you of sums due to us, we shall be entitled to the full holiday cost from you, on the terms as set out in Booking Confirmation Invoice.
7.1 If you wish to make a complaint about the Holiday Accommodation, then you must first contact Mark Williams, Director of Essaouira Luxury Villas with details of your complaint.
7.2 If, after a reasonable time has passed, you feel that your complaint has not been dealt with adequately and to your reasonable satisfaction, you should contact us in writing in accordance with clause 1.2(b). You must contact us within 7 days of returning from your stay at the holiday accommodation.
7.3 If you vacate the holiday accommodation before the end of the rental period without our authorisation, then you may lose the right to compensation for any complaint or breach of contract.
8.1 The prices quoted on our site are in pounds sterling (£) and Euros (€) and the rental period of the Holiday Accommodation shall be weekly, unless otherwise stated on the site. You are free to making a booking in either pounds sterling or euros but both the deposit and the balance must be paid in the same currency.
8.2 Properties are let fully furnished and equipped. The price for all properties includes linen, final cleaning services and staff as indicated in the property description on the website. The brochure and website contain details of additional facilities and services available at individual properties.
8.3 All of the properties require the payment by you of a security deposit to cover the cost of any damage or breakages to the Holiday Accommodation or the contents (the Security Deposit).
8.4 The Security Deposit can be charged in advance by the Property Owner or on arrival.
8.5 If the Security Deposit is paid in advance, it can be paid by credit card to our PayPal account and will be held in a separate client account.
8.6 The Security Deposit, less any amount relating to applicable claims, will be returned to you as soon as possible following the end of your holiday.
8.7 Prices on our site may change from time to time, but changes will not affect any booking you have already made.
8.8 The price of a Holiday Accommodation booking includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being. However, if the rate of VAT changes between the date of your order and the date of delivery, we will adjust the VAT you pay, unless you have already paid for the Products in full before the change in VAT takes effect.
8.9 Our site contains several properties. It is always possible that, despite our reasonable efforts, some of the properties on our site may be incorrectly priced. If we discover an error in the price of the Holiday Accommodation which you have booked we will contact you to inform you of this error and we will give you the option of continuing with your booking at the correct price or cancelling your order. Please note that if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mispricing, we do not have to continue with the Contract to you at the incorrect (lower) price.
9. HOW TO PAY
9.1 You can only pay for your holiday booking (including the Security Deposit) using a debit card or credit card. We accept all major cards via Paypal.
9.2 The balance of your holiday booking must be paid no later than nine weeks before your Arrival Date. Failure to pay the balance on time will constitute cancellation and cancellation charges will become payable in accordance with clause 6.4.
9.3 If you make a booking less than nine weeks before your Arrival Date, the full amount of your booking is payable and due at the time of booking.
10. ARRIVAL AND DEPARTURE
10.1 You must arrive at the Holiday Accommodation between 3pm and 7pm on your Arrival Date and you must vacate the Holiday Accommodation by 12pm on the last day of your holiday (Departure Date) unless otherwise specified on the accommodation confirmation document sent to you.
10.2 If you are not able to comply with the timings set out in clause 10.1, please advise us at the time of booking.
10.3 If your arrival is delayed you must contact us so that suitable arrangements can be made for entry to the Holiday Accommodation. If you arrive after 10pm, you may not be able to occupy the Holiday Accommodation until the following day.
11. YOUR RESPONSIBILITIES
11.1 You must keep the Holiday Accommodation, all furniture, fittings, effects, facilities and equipment in the same state of repair and condition as at your Arrival Date and you must leave the holiday accommodation in the same state in which it was at your Arrival Date (including cleanliness).
11.2 You are responsible for all damage or loss which occurs to the property or its contents during your holiday and you will be responsible for paying appropriate compensation to the Property Owner or to us in the event of breakages or damage.
11.3 The person who signs the booking form is responsible for the compliance of their party with these Terms and for ensuring the correct and decent behaviour of their party. Should you or your party not behave in such a manner, the key holder may at his absolute discretion ask you and your party to vacate the Holiday Accommodation for the remainder of your holiday without a refund.
12.1 You are not permitted to have any pets at the Holiday Accommodation without the prior written permission of the Property Owner.
13. SOCIAL EVENTS AND OTHER FUNCTIONS
13.1 It is the Property Owner’s policy not to allow social events or other social functions to be attended by more than twice the number of occupants which the Holiday Accommodation is advertised as accommodating to occur on or at the Holiday Accommodation without prior agreement. Such agreement, including any additional fee charged, is entirely at the discretion of the Property Owner.
14.1 Any photographs taken at our properties must not be used or sold for profit without authorisation from the Property Owner.
15. LINEN, HEATING AND AIR CONDITIONING
15.1 Linen, heating and air conditioning are included in the price, however it is advisable to take beach towels and cot linen as required.
15.2 Linen provided in the property will, ordinarily, be changed once per week.
16.1 The services of some staff are included at some of our Holiday Accommodation. At some, the services of staff are payable locally.
16.2 Additional maids and cooks may be available at an additional charge. In the event that you require additional maids or cooks, please provide us with advance notice. Please note that the services of additional staff cannot be guaranteed.
16.3 Neither we nor the Property Owner accept responsibility for additional staff or additional services provided. Any arrangements which you make with your staff or any other person or company providing services whilst you are staying at the property are between you and the staff. We accept no responsibility for these services provided or the terms on which they are provided.
17. SECURITY AND VALUABLES
17.1 Any valuables left at the Holiday Accommodation are left at your own risk.
17.2 Neither the Property Owner, we nor our agents shall be responsible for loss or damage to any valuables.
17.3 As with all holiday rental properties in a prime location, there may be a risk of burglary. Where provided, burglar alarms must be activated, safes used and proper care must be taken against theft and burglary.
17.4 Neither the Property Owner, we nor our agents accept responsibility for any loss, damage or consequential losses due to theft or any other security related incidence howsoever caused.
18.1 The Property Owner and any representative or person authorised by the Property Owner shall be permitted access to the Holiday Accommodation at any reasonable time during any holiday occupancy for the purpose of inspection and maintenance of the Holiday Accommodation.
19.1 It is a condition of making a booking of Holiday Accommodation that your party is covered by comprehensive travel insurance which covers personal liability and cancellation.
19.2 Travel insurance can be purchased from the website as part of the booking process or you can effect your own policy of travel insurance which provides the same or greater protection than the insurance which we offer.
19.3 By signing the booking form you are confirming that you are covered by such insurance policy.
20. OUR LIABILITY
20.1 If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you, the Property Owner and us at the time we entered into this contract.
20.2 Neither we nor the Property Owner shall not be responsible for the death of or personal injury of you or any person named on the booking form or other person at the property unless the death or personal injury results from the proven negligence of the Property Owner, ourselves or our employees.
21. EVENTS OUTSIDE OUR CONTROL
21.1 We will not be liable or responsible for any loss, breach, failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below in clause 21.2.
21.2 An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation acts of God, strikes, lock-outs or other industrial action by third parties, civil commotion or disturbance, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire or accident, explosion, storm, flood, tempest, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, or acts, regulations, bye-laws or measures of any kind on the part of any governmental or local authority.
21.3 In any such case of an Event Outside Our Control occurring which affects our obligations under the Contract, we shall be entitled to treat the Contract as discharged, and will notify you of this discharge as soon as reasonably possible.
21.4 In the event of a discharge, as set out in clause 21.3, our liability shall be limited to the return of sums paid to us in respect of the unused portion of the holiday calculated on a pro rata basis.
21.5 Neither we nor the Property Owner can be held responsible for the breakdown of mechanical equipment including but not limited to pumps, boilers, swimming pool filtration systems nor for the failure of public utilities such as water, gas and electricity either at or serving the Holiday Accommodation.
21.6 Neither we nor the Property Owner can be held responsible for any noise or disturbance originating from beyond the boundaries of the Holiday Accommodation or any noise or disturbance which is out of our reasonable control.
22. OTHER IMPORTANT TERMS
22.1 We may transfer our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms.
22.2 Only persons named on the booking form may use the property without prior arrangement. The number of people staying at the property must not exceed the number of sleeping places indicated in the description of the Holiday Accommodation on the website except in the case of infants under two years of age.
22.3 This Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise. You are responsible for payment of the price of the holiday and the compliance of members of your party with these conditions.
22.4 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.
22.5 If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
22.6 Please note that these Terms are governed by English law. This means a Contract for the booking of Holiday Accommodation through our site and any dispute or claim arising out of or in connection with it will be governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.