Definitions and Interpretations

In these terms and conditions, the following expressions have the following meanings unless inconsistent with the context:

Commencement Date

Means 4pm on the first day of the period of hire as set out on the confirmation invoice.

Departure Date

Means 10am on the last day of the period of hire as set out on the confirmation invoice.

Owner(s)

Means the owners of the properties from time to time.

Property

Means the villa or apartment hired.

We / Us

Means Villas Gran Canaria Limited.

Writing

Includes email and other comparable means of communication.

You

Means all persons named on the booking form (including anyone who is added or substituted at a later date).

Force Majeure

Means, in relation to either party, any circumstances beyond the reasonable control of that party (including, without limitation, any strike, lock-out or other form of industrial action

1.

Contract of Hire

1.1

Your contract is with the Owner (s), we are acting in our capacity as agent for the Owner(s).

1.2

When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these terms and conditions.

1.3

The person making the booking shall be the 'Lead Party'.

2.

Confirmation

2.1

Your booking is only confirmed on receipt of your deposit in accordance with clause 3.1 of these terms and conditions. A contract (subject to these terms and conditions) will exist upon us issuing our confirmation invoice in accordance with clause 3.3.

3.

Deposit and Payments

3.1

Your booking must be accompanied by a deposit of 30% of the total hire charges for the Property or £100, whichever is the greater.

3.2

Payment of the deposit and the total hire charges for the Property may be made by any major debit/credit card acceptable to us, and whose logo appears on the front page of our website.

3.3

Once payment of the deposit has been received in cleared funds confirmation of the booking will be sent by email to the Lead Party along with a statement of the balance due and the date it is payable. Upon receipt of the confirmation invoice the booking is treated as a fully confirmed booking. The Company will send out a further notification when the balance is due.

3.4

The outstanding balance of the holiday as shown on the confirmation invoice together with the security deposit (as detailed in 11.1 below) must be paid a clear 11 weeks prior to the Commencement Date.

3.5

If your booking is made 11 weeks or less before the hire Commencement Date it must be accompanied by a payment of the full cost of Property hire charges together with the security deposit (as detailed in clause 11.1below).

3.6

If we do not receive the balance of the Property hire charges by the end of the 11th week prior to the Commencement Date the full costs of the Property hire will become payable and we reserve the right to automatically charge your debit/credit card in accordance with clause 8.1.2 (or request payment from the Lead party if the deposit has not been paid for by debit/credit card) and we may be entitled to cancel the booking without prejudice to our claim for cancellation charges, as in accordance with clause 5.2.

4.

Debit/Credit Card Charges

4.1

We shall not apply any card handling charges for rentals which are paid for by debit/credit card.

5.

Cancellation by You

5.1

All cancellations of bookings must be made by email, by the Lead Party on our confirmation invoice, to us at Villas Gran Canaria Ltd.

5.2

The following charges will apply from the date on which notification is received by us to compensate us for our estimated losses and expenses.

5.2.1

If notice is received by the us:

5.2.1.1

prior to 10 clear weeks from the Commencement Date the amount paid by way of a deposit pursuant to clause 3.1 will be forfeited.

5.2.2.1

less than 10 clear weeks before the Commencement Date, the deposit and the balance of the Property hire charges are to be paid save that the security deposit will not be payable.

(It is important for you to take out adequate insurance to protect you against insurable reasons for cancellation.) Please see clause 13.

6.

Amendment charges

6.1

If you wish to change any of the arrangements we will do our utmost to make these changes, but it may not always be possible. All requests for alterations must be made by the Lead Party by email and sent to the us at Villas Gran Canaria Ltd.

6.2

A £25 administration fee will be charged per amendment, plus any additional costs we may incur as a result of an alteration requested after our confirmation invoice has been issued.

6.3

Any additional charges incurred under this clause will be:

6.3.1

added to the final balance shown on the confirmation invoice if the amendment was requested after the deposit has been paid but before the balance of the Property hire charges have been paid;

6.3.2

requested from the Lead Party and to be paid within 7 days

7.

Alterations & Cancellations by us

7.1

If the Property becomes unavailable or we have to make any changes to the type of Property booked we will do our best to notify you of any changes as soon as possible before the Commencement Date.

7.2

In the event of a Property becoming unavailable you will be offered:

7.2.1

alternative accommodation of the same standard; or

7.2.2

alternative accommodation of a lower standard, in which case a refund equal to the difference in the price between the higher and lower standard properties will be given;

7.3

If neither option detailed in 7.2.1 or 7.2.2 is accepted then a full refund will be offered.

7.4

The Company's liability for any cancellations under the provisions of this clause 7 shall be limited to the cost of the total Property hire charges.

8.

Debit/Credit Card Guarantee

8.1

We guarantee that the debit/credit card details supplied will only be used for the following reasons:-

8.1.1

to pay the deposit, or the total Property hire charges (if the booking is made within 11 weeks of the Commencement Date) for rental of the Property.

8.1.2

to settle an outstanding balance as set out in clause 3.4

8.1.3

to settle any cancellation fees as set out in clause 5

8.1.4

to settle amendment fees as set out in 6

8.2

If any charges due under clause 8.1 above are not able to be recovered for any reason using the debit/credit card details retained, then payment will be requested from the Lead Party.

9.

The Price of Your Accommodation

9.1

Includes:

9.1.1

The Property of your choice for the period of hire for the persons stated on the confirmation invoice. No other persons other than those stated on the confirmation invoice may occupy the Property without prior written agreement by us. The Company or its local representatives reserve the right to refuse entry to the Property to the Lead Party and their party should this condition be breached. The Company will refuse to allow a Property to be hired if the proposed number of people to stay at the Property exceeds the maximum allowed as stated in the Property description (children under two and using a cot shall not be included for the purpose of this condition).

9.1.2

All local taxes, gas, water, service charges, swimming pool and garden maintenance (where applicable).

9.1.3

All equipment, utensils and tea towels in the property. A full inventory of the equipment and utensils will be taken prior to the Commencement Date and on the Departure Date and any damage or losses to any of the equipment shall be dealt with in accordance with clause 11. No items must be removed from the Property during the period of hire and towels must not be taken to the beach or swimming pool.

9.1.4

Keys to the Property, instructions for their collection and return and directions to the Property will be sent to the Lead Party after receipt of the balance of the Property hire charges.

9.1.5

Cleaning of the property before you stay.

9.2

Does not include:

9.2.1

any insurance, please see clause 13;

9.2.2

any flights;

9.2.3

any transportation to and from the airport; and

9.2.4

Any additional cleaning of the property during your stay

9.2.5

Cots ,High Chairs, Buggies and Z-Beds

10.

Your Responsibilities

10.1

You are responsible for:

10.1.1

taking all reasonable care of the Property and its contents;

10.1.2

Ensuring that the Property is left in a respectable condition so as not to require excessive cleaning on the Departure Date. The costs of any excessive cleaning required shall be charged to you and deducted from the security deposit as detailed in clause 11.1 below.

10.1.3

ensuring that consideration is given to the occupants of neighbouring properties and that no member of the party engages in any activity in the Property or around the swimming pool which may cause offence to neighbours or pollution to the water or damage to the structure or filtration equipment this includes but is not limited to unacceptable anti-social behaviour;

10.1.4

ensuring that the barbecue, (where included at the Property), is cleaned and that all household rubbish is placed in the communal dustbins located nearby; and

10.1.5

ensuring that no person suffers anything to be done which would endanger the policy of the Owner’s insurers in respect of the Property and its contents which might make the same invalid.

10.2

If, in the opinion of ourselves, our representatives, or the Owner or other person in authority you are, or appear to be behaving in such a way to cause danger or distress we may terminate your holiday arrangements forthwith and upon doing so we shall:

10.2.1

have no further liability to you and will not be responsible for any expenses you incur or be liable to make any refund or any compensation; and

10.2.2

charge you any additional expenses we may incur as a result of your behaviour.

11.

Security Deposit / Damage to Property

11.1

A sum will be charged and held as a security deposit against damage to the Property, furnishings or for excessive cleaning requirements. Lost Keys will be charged at £35. If the fee exceeds the security deposit, an invoice shall be sent to the Lead Party for the excess which is to be payable within 14 days of receipt.

11.2

The security deposit will be payable:

11.2.1

in accordance with clause 3.4 if the booking is made prior to 11 clear weeks before the Commencement Date or

11.2.2

in accordance with clause 3.5 if the booking was made 11 weeks or less before the Commencement Date.

11.3

You will be responsible for making good any damage to the Property, or its contents, which has occurred due to the negligence, wilful damage, or irresponsible behaviour on the part of those occupying the Property, or their guests.

11.4

Any damaged caused must be reported, without delay, to our local representative, or directly to us at Villas Gran Canaria Ltd and the cost of the repair or replacement must be agreed and paid for.

11.5

Subject to there being no damage to the Property or furnishings or a requirement for excessive cleaning the security deposit will be repaid to the Lead Party within 7 to 10 days of the Departure Date.

11.6

The costs of any damage to the Property, furnishings or costs for excessive cleaning shall be deducted from the security deposit and any costs in excess of this amount shall be requested from the Lead Party to be paid within 14 days.

12.

Liability

12.1

We act as agent for the Owners and cannot accept any liability for any act(s) or omission(s) of the Owner or anyone representing or employed by the Owner and we do not accept any liability for any shortcomings or defects with or in any Property as all properties are within the sole control of the Owners.

12.2

Our maximum liability to you if we are found to be at fault in relation to any service we provide (as opposed to any service provided by any third party such as an Owner 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.

12.3

We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by 'force majeure'. In these terms and conditions 'force majeure' means any event which we or the supplier of the service(s) in question could not, even with due care, foresee or avoid. Such events may include, but are not limited to, war, threat of war, civil commotion or strife, hostilities, strikes or other industrial disputes, natural disasters, fire, acts of God, terrorist activities, technical problems, with transportation, closures of ports and ferries, quarantine, epidemics, weather conditions, government action or other events outside our control.

12.4

Neither ourselves nor our representatives can be held responsible for any circumstances, beyond our control, including, but not limited to, mechanical breakdown, illness or failure of any public service supply.

13.

Insurance

13.1

The Property hire charges do not include any personal insurance cover of any kind.

13.2

Insurance against cancellation must be taken out when placing a booking with us.

14.

Information

14.1

All information supplied by us and our representatives is given in good faith and is based upon information available at the time. All reasonable measures have been taken to ensure the accuracy of any statement made, but neither we nor and our representatives are liable for any variation however caused. Our policy with Properties is one of properly planned maintenance and on-going improvement. Consequently our descriptions are updated every year and we go to great lengths to ensure accuracy. Each Property is assessed individually according to size, position, quality, furnishings and a variety of other factors. Consequently, the price relates to our assessment and, if there is an abnormal price increase from one year to the next, then this is due to improvements made.

15.

Data Protection Policy

15.1

In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your arrangements such as Property Owners, etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law.

16.

Complaints

16.1

Any complaints regarding the Property or its contents must be reported immediately to either us, the Owner or our local representatives who will take all reasonable steps to resolve the matter.

16.2

Should we or our representatives be unable to resolve the matter during the period of hire then details of the complaint must be notified to us by email within 14 days from the Departure Date.

17.

Passports

17.1

You are responsible for ensuring that you have the correct and up to date documentation.

18.

Animals

18.1

Without exception we do not accept ANY pets at any of our properties at any time (guide dogs excepted).

19.

Rights of Access

19.1

Representatives of the Company or their subcontractors have the right of access to the Property at any time with due regard to the convenience of the hirer for the purpose of inspection of the Property and to carry out any essential repair or maintenance work.

20.

Occupancy

20.1

The Property will be available for occupation from 16.00 hrs on the Commencement Date and must be vacated by 10.00 hrs on the Departure Date.

21.

Law & Jurisdiction

21.1

This contract will be governed by English Law and is subject to the jurisdiction of the English Courts at all times.