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Smith Villas - Booking terms and Conditions

Terms and Conditions of Booking a villa

Interpretation

Business Day means 9 am to 5 pm on any day (not being a Saturday, Sunday or public holiday) when clearing banks in the City of London are open for the transaction of general sterling banking business

Company means Smith Global Ltd, a company registered at Companies House with company number 443 8845, acting as an independent agent for both Customers and Owners, and we and us shall be construed accordingly

Contract means the contract between the owner and you for the Property

Customer means the person, firm or company who becomes a customer of the Company through booking a Property, and you shall be construed accordingly

Owner means the owner(s) of the Property (the Company is not the owner)

Party Leader means the person who makes the booking

Property means a villa or apartment or other accommodation a Customer agrees to book through the Company

Rent Commencement Date means the date the Rental Period commences

Rental Period means the total number of days a Customer agrees to book a Property for through the Company

Rental Price means the price paid by the Customer for renting a Property for the Rental Period

VAT means value added tax chargeable under English law for the time being and any similar additional tax

These terms and conditions are published in October 2015 and supersede all previous editions or any implied by custom, practice or course of dealing.

These standard terms and conditions govern the Contract at all times.

All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract.

1. Booking your holiday

1.1 You must be over 21 years old to make a booking with us. We reserve the right to refuse bookings at our sole discretion.
1.2 The Party Leader guarantees that it has the authority to accept and does accept these terms and conditions on behalf of each member of the booking party. Each member of the booking party has joint and several liability in respect of the Contract.

1.3 Once you confirm the Property and dates you wish to book and the booking price in writing, we will make final availability enquiries with the Owner. We will then confirm the booking by sending you an invoice. All prices quoted include VAT.
1.4 The Contract is made once we have sent you the booking confirmation. Until the Contract is made we shall be under no liability to you whatsoever
1.5 Please check the booking confirmation immediately upon receipt. You must contact us within 7 days of receipt if any information is incorrect, save that if your booking is made less than 7 days prior to the Rent Commencement Date, you must contact us within 24 hours of receipt of the invoice, and in any event before the Rent Commencement Date, if any information is incorrect.
1.6 Property availability, conditions and prices are subject to change prior to us confirming your booking.
1.7 We must be notified of any special requests in writing at the time of making the booking. All special requests are subject to availability and will not be part of our contractual obligations unless specified in the invoice.

2. Paying for your holiday

2.1 You must pay 50% of the Rental Price to us within 5 Business Days of receipt of the invoice to confirm your booking. Once the deposit is paid you will be bound by these terms and conditions and the Property will be reserved for you. The remaining 50% must then be paid to us (cleared funds) at least 6 weeks before the Rent Commencement Date. If you book within 6 weeks of the Rent Commencement Date this will constitute a late booking and we must receive full payment of the Rental Price (cleared funds) within 5 Business Days of receipt of the invoice, and in any event prior to the Rent Commencement Date, to guarantee the Property is reserved for you. Once this payment is made you will be bound by these terms and conditions.
2.2 A refundable security deposit (to cover charges, including but not limited to, loss, breakage, unpaid local charges, excessive cleaning and additional maintenance), as shown in the invoice, must also be paid to us (cleared funds) before the Rent Commencement Date otherwise we may refuse you access to the Property.
2.3 We refund the security deposit within 30 days of the end of the Rental Period, subject to any deductions. We reserve the right to deduct charges from this deposit for the use of the telephone. We also reserve the right to retain the full security deposit until the Owner confirms there is no damage to the Property. Should the security deposit prove inadequate to fully cover any costs that may arise, we reserve the right to invoice you for the balance within 30 days of the end of the Rental Period, or at such other time to allow the total cost to be determined.
2.4 We accept the following methods of payment:
2.4.1 bank transfer;
2.4.2 cheque (please allow 5 Business Days to clear);
2.4.3 debit card or credit card 
2.5 If you fail to pay the amounts specified in conditions 2.1 and 2.2 by the due date as per conditions 2.1 and 2.2, we reserve the right to treat your booking as cancelled by you and you will be liable for the cancellation charges set out in condition 4.

3. Amending your booking

3.1 If, after your booking is confirmed, you wish to amend your booking (i.e. the chosen date of departure or the Rental Period), we will try to accommodate these changes, but it may not always be possible. Any extension of the Rental Period may require you to transfer to a different property (Second Property) for the extended part of the Rental Period. If you are unwilling to transfer to a Second Property for this extended part, you may make another booking for another property (Replacement Property) for the total revised Rental Period (further references to a Property shall include any such Replacement Property), however, condition 4 (excluding 4.1) shall apply to any cancellation of your booking for the original Property.
3.2 Any request for changes to your booking must be made to us in writing from the Party Leader and will only be incorporated into the Contract if confirmed by us in writing.
3.3 If one of your party withdraws from the holiday, someone else may take their place in the booking and such person will be deemed to have been a party to the Contract from its commencement date. The Party Leader must inform us of any such replacements in writing at least 14 days before the Rent Commencement Date, save that if your booking is made less than 7 days prior to the Rent Commencement Date, you must contact us within 24 hours of receipt of the invoice, and in any event before the Rent Commencement Date. We may charge a discretionary administration fee of £20.00 per person to make these changes. If the Party Leader does not inform us of any such change(s), we will treat this as a breach of condition 9.3 and the corresponding right under condition 9.3 will apply.
3.4 If you vacate the Property before the end of the Rental Period you must let us know. We will not provide a refund for the remaining duration of the Rental Period and in such circumstances we reserve the right to allocate the Property to another booking.

4. Cancellation of the booking by you

4.1 You are deemed to have cancelled your booking if:
4.1.1 condition 2.6 applies; or
4.1.2 the Party Leader provides written confirmation of cancellation (such cancellation to be effective when the written confirmation is received by us); or
4.1.3 condition 9 applies.
4.2 Where condition 4.1 applies, we will use our reasonable endeavours to allocate the Property to another booking with the same Rent Commencement Date and for the same Rental Period. However, we may only be able to allocate the Property to another booking for part of the Rental Period. The relevant cancellation fee (Cancellation Fee) shown in condition 4.3 is then payable by you (pro-rata in the event of an allocation for only part of the Rental Period). If we are unable to allocate the Property to another booking, you will be liable for the total Rental Price.
4.3 Cancellation Fees are based on the total Rental Price, are calculated from the Rent Commencement Date and are as follows:
4.3.1 more than 42 days prior - 50%;
4.3.2 less than 41 days (inclusive) prior - 100%; and
4.4 If the Cancellation Fee has not been settled in full (cleared funds) by the Rent Commencement Date we reserve the right to charge interest at 3% above the base rate of [ ] Bank accruing daily and being compounded monthly until such debts have been settled in full.
4.5 We reserve the right to reduce the Cancellation Fee at our sole discretion.

5. Cancellation of the booking by us

5.1 In the unlikely event we need to cancel your booking (for reasons beyond our reasonable control) we will advise you as soon as is reasonably practicable.
5.2 If we do have to change your booking we will try and find you a suitable comparable property (in terms of location, Rental Price and size) within our portfolio with the same Rent Commencement Date and Rental Period. If we cannot, you have the following options:
5.2.1 agree to your booking being transferred to another property with a different Rent Commencement Date, subject to availability. If the alternative is of a lower price than that originally booked the difference (if already paid by you in accordance with condition 2.1) will be refunded. If the alternative is more expensive than that originally booked you will have to pay the difference within 7 days of confirmation and in any event prior to the Rent Commencement Date; or
5.2.2 cancel your booking completely and accept a full refund of all monies paid by you up to the date of cancellation, less any administration charges incurred in accordance with condition 3.3 and any charges we have incurred in accordance with condition 2.4.3.

6. Property Descriptions

6.1 We aim to ensure that information provided by Owners is accurately advertised by us. However, small differences between the actual Property and its description may occur. We shall not be held liable for any differences of opinion as to the condition or quality of the Property.
6.2 Occasionally, due to problems outside our control, some services or facilities may become unavailable at the Property. If this is the case, we will notify you as soon as is reasonably practicable after we have been informed. Such notification shall not constitute a cancellation in accordance with condition 5.

7. Occupation of the Property

7.1 It is your responsibility to inform us of your arrival details. We are not liable for any additional costs or any disappointment you may incur if you fail to give us the correct arrival details.
7.2 Unless otherwise agreed in writing, the Property will be available from 1500h on the Rent Commencement Date and you must vacate the Property by 1000h on the last day of the Rental Period. If you fail to vacate the Property by 1000h on the last day of the Rental Period, we reserve the right to charge you for an extra day (or longer where appropriate), pro-rata to the Rental Price.
7.3 Although we make every effort to accommodate late arrivals on prior request in writing, arrivals after 2100h on the Rent Commencement Date (or 2100h on a later date if you do not arrive on the Rent Commencement Date), including delays due to delayed or cancelled flights or ferries, may be subject to a late check-in fee, which will be deducted from your security deposit.
7.4 It is your responsibility to ensure that the Property's inventory is accurate upon your arrival and that we are notified of any discrepancies within 24 hours of arrival. Unless we have been notified, you will be deemed liable for any discrepancies found at check-out.
7.5 Unless otherwise agreed in writing, no pets are allowed in the Property.
7.6 All keys and other devices for the Property or its contents are your responsibility during the Rental Period. We reserve the right to charge you to replace such items and/or to have the locks changed at the Property in the event that they are not all left with our representative on departure.
7.7 Our representative and/or our agents may require access to the Property during the Rental Period for any necessary repairs or maintenance. We will give you at least 24 hours notice, except in an emergency.
7.8 We accept no liability for the intermittent failure of public utility supplies, sewage systems, plumbing, mechanical equipment or telephone systems or internet connections (where available) in the Property, but we shall use our reasonable endeavours to arrange their repair. We also accept no liability for any loss of enjoyment suffered as a consequence of any local engineering and / or construction works near the Property.
7.9 Where the Property is advertised as having Sky / digital television, we cannot guarantee access to as many channels as you may receive at home. Any requests for access to specific channels must be made in writing to us at least 30 days before the Rent Commencement Date. All requests are subject to availability and are not incorporated into the Contract unless specified in the invoice.
7.10 All information contained in our welcome pack is intended to be a guide only and is not incorporated into the Contract.

8. Our liability to you

8.1 Subject to condition 8.7, we accept responsibility for any death or personal injury caused by negligent acts and / or omissions of our employees or agents whilst acting within the scope of, or in the course of, their employment in the provision of your travel arrangements. However, we are not responsible for any death or personal injury caused by negligent acts and / or omissions of the Owner.
8.2 We do not accept liability for any unusual or unexpected circumstances beyond our control or which we could not have avoided even if we had used all possible care.
8.3 The Property may have dangers such as swimming pools, dry stone walls, access to roads, steep steps and unfenced drops. As such the Property may not be suitable for you - we do not represent that any Property is totally child friendly. All swimming pools are used at your own risk. You accept complete liability for any accidents caused by or arising out of your own negligence, misuse of the Property or failure to comply with local laws and regulations, including any caused due to alcohol and / or any drugs or medicine of any kind.
8.4 If you are injured whilst at the Property, you must report the incident to us within 24 hours of it happening, consult a local doctor and consult your GP when you return home. If you make a claim against us in relation to any injury you must provide us with details of both the local doctor you consulted and your GP together with your written authority for us to obtain a written medical report from each of them.
8.5 The Company does not act as an agent for any supplier of activities, facilities or excursions. If you use any local services your contract will be with the local supplier, therefore we will not be liable for any complaints, claims, loss or damages in relation such services.
8.6 We do not accept any liability for any loss or damage to your property or for any distress howsoever arising.
8.7 Our total liability in connection with the performance or contemplated performance of the Contract shall be limited to the Rental Price.

9. Customer Behaviour

9.1 If in our opinion, the opinion of the Owner or the opinion of our representative, you are, or appear to be, behaving in such a way as to cause, or likely to cause, danger, distress or annoyance to any individual, or damage to the Property, we may terminate the Contract and you will be required to vacate the Property immediately. We will have no further liability to you.
9.2 No parties or other functions, including commercial activities, may be held at the Property without our prior written consent.
9.3 Each Property has a maximum number of permitted guests and unless we otherwise agree in writing you may not allow more guests to stay than the permitted maximum. We reserve the right to invoice you for any such additional persons staying at the Property.
9.4 Some Owners do not allow same sex parties or parties made up of members under the age of 25 years to make a booking. You must inform us at the time of booking if your party falls within these categories. It is at the Owner's sole discretion to accept such bookings.
9.5 You must not act in any manner or omit to do anything that, in our reasonable opinion or that of the Owner, might invalidate any insurance cover on the Property.
9.6 If you breach any of conditions 9.2 to 9.4 (inclusive), or misrepresent the information given in relation to any of them, we reserve the right to take the following action against you:
9.6.1 denying you entry to the Property; and / or
9.6.2 retaining the full amount of your security deposit (should the security deposit prove inadequate to fully cover any costs that arise, we reserve the right to invoice you for the balance within 30 days or at such other time to allow the total cost to be determined); and / or
9.6.3 eviction from the Property.
9.7 If you are evicted from the Property in accordance with condition 9.6.3, the Contract will be deemed cancelled by you and condition 4.3.4 shall be deemed to apply and you will be liable to reimburse all of our related expenses. You will not be entitled to receive any refund.

10. Insurance

10.1 You must provide your own travel, medical and any other insurance you require and all such policies must be in force for the entire Rental Period.

11. Gift with booking promotions

11.1 Spend between €7,000–€14,999.99 on a Mr &Mrs Smith villa in Mallorca and receive a luxurious hamper.
11.2 Spend €15,000 or more on a Mr & Mrs Smith villa in Mallorca and we’ll treat you to a bbq afternoon or evening, cooked by your own private chef,at your villa, on one night of your stay.
11.3 Bookings must be confirmed between Friday 03 March and Monday 10th April 2017.
11.4 A 50 per cent deposit is required in order to confirm a villa booking.
11.5 All payments must be made in euros.
11.6 Offers may not be combined with any other promotions, may be withdrawn or changed anytime without notice, are subject to availability and have a cash value of £0.00.
11.7 Total spend is total price of villa stay and excludes the required security deposit. 
11.8 The offer is not applicable for hotel bookings. 
11.9 If your booking is cancelled, you will be unable to claim your gift.
11.10 One gift per party only, not per person travelling.
11.11 The number of guests for your bbq evening must not exceed the number of guests in your party, nor the maximum number of guests permitted for the villa. Maximum number of guests will be confirmed at time of booking.
11.12 Contents of luxury hamper will be sent to your home and may vary depending on country of residence
11.13 Mr & Mrs Smith reserves the right to withhold redemptions if they believe they are being used by someone other than the intended recipient, or falsely claimed.
11.14 Standard terms and conditions of the Mr & Mrs Smith villa customer agreement will apply.

12. Complaints

12.1 In the unlikely event that you have a complaint please promptly report it to our local representative.
12.2 All formal complaints must be made to our local representative by the Party Leader as soon as possible and in any event before the end of the Rental Period. All such complaints must also be made in full in writing to us within 7 days of the end of the Rental Period. Any complaint received after this period will only be considered by us at our sole discretion as it may prove difficult to investigate or rectify your complaint.

13. Concierge Service

13.1 The concierge service is provided by a different company and we do not accept liability for its services.

14. Telephone Calls

14.1 We reserve the right to record all telephone calls to monitor customer service levels.

15. Passports, visas and health requirements

15.1 It is your responsibility to ensure that you have a valid passport and visa (if applicable).
15.2 We are not obliged to assist you if you are refused travel. Your passport and travel documents must be intact - you may not be able to travel if they are damaged or they have been tampered with.
15.3 Passport, health and visa requirements are subject to change and it is your responsibility to check the up-to-date position in good time before departure.

16. Data protection policy

16.1 You acknowledge and agree that your name, address and payment record may be submitted to a credit reference agency, and personal data will be processed by and on behalf of us in connection with your travel arrangements.

17. Force Majeure

17.1 We shall have no liability to you if we are prevented from, or are delayed in performing, our obligations under the Contract or from carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving our workforce or that of any other party or agent), failure of a utility service or transport network, act of God, act of terrorism, war, riot, civil commotion, malicious damage, compliance with any law of governmental order, rule, regulation or direction, accident, breakdown of plant of machinery, fire, flood, storm or default of suppliers or subcontractors.

18. Waiver and severance

18.1 A waiver of any of our respective rights is only effective if it is in writing. No failure or delay by a party in exercising any right or remedy under the Contract or by law shall constitute a waiver of that (or any other) right or remedy, nor preclude or restrict its further exercise.
18.2 No single or partial exercise of such right or remedy shall preclude or restrict the further exercise of that (or any other) right or remedy.
18.4 If a provision (or part provision) of the Contract is found by any court or other authority of competent jurisdiction to be illegal, invalid or unenforceable, the provision (or part provision) shall apply with the minimum modification necessary to make it legal, valid and enforceable, and the validity and enforceability of the other provisions (or part provisions) of the Contract shall not be affected.

19. Assignment

19.1 We may at any time assign, transfer, subcontract or deal in any other manner with all or any of our rights under the Contract and may subcontract or delegate in any manner any or all of our obligations under the Contract to any third party or agent.

20. General

20.1 The Contract (Rights of Third Parties) Act 1999 shall not apply to the Contract.
20.2 These terms and conditions together with the Contract contain the entire agreement between the parties and may not be varied, save as agreed in writing between the parties.
20.3 Any notice or other communication given under the Contract by either party shall be in writing and shall be delivered either: personally; by pre-paid first-class post; recorded delivery; or by commercial courier to the other party.
20.4 Any notice or other communication given under the Contract shall be deemed to have been duly received: if delivered personally, when left at the address for the other party; if sent by pre-paid first-class post or recorded delivery, at 1000h on the second Business Day after posting; or if delivered by commercial courier, on the date and at the time that the courier's delivery receipt is signed.
20.5 The Contract, and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim that arises out of, or in connection with, the Contract or its subject matter.