ALGARVE COAST VILLAS LTD

OUR TERMS AND CONDITIONS – THIS IS AN IMPORTANT DOCUMENT AND YOU SHOULD READ IT CAREFULLY BEFORE BOOKING YOUR ACCOMMODATION WITH US. THESE TERMS AND CONDITIONS DO NOT AFFECT YOUR STATUTORY RIGHTS.

General Matters

A. All bookings are subject to these terms and conditions.

B. Algarve Coast Villas is an English company operating via a web based server portal, which markets properties for individual owners. We hold the booking on behalf of the owner.

C. We will only deal with and correspond with the lead booking name as set out in your booking form. The lead booking name confirms to Us that they:

   . are aged over 18 years

   . have authority to book on behalf of all other members of the party intending to stay in the accommodation and accept that we are entitled to rely on that authority and are entitled to deal with the lead booking name only in relation to all matters concerning the booking

   . accept these terms and conditions on behalf of all members of the party

   . are responsible for passing all relevant information to all other members of the party including these terms and conditions

   . will ensure that all members of the party have adequate travel insurance with a reputable insurer

1. DEFINITIONS

  1. When the following words with capital letters are used in these Terms, this is what they will mean:

Accommodation: the accommodation that you book in your booking form

Email Confirmation: the written acceptance of an Order under clause 2.4

Event Outside Our Control: is defined in clause 8.2;

Order: your order for the Services as set out in Your booking form;

Services: the services relating to the provision of the Accommodation that We are providing to you as set out in the Order;

Security Deposit: a deposit payable by You to Us as security in relation to the Accommodation or any of its contents, fixtures, fittings or services;

Terms: the terms and conditions set out in this document; and

We/Our/Us: Algarve Coast Villas Ltd, company number 9594190, c/o PM + M, Greenbank Technology Park, Challenge Way, Blackburn, England, BB1 5QB

You / Your: the lead booking name as set out in your booking form, who is authorised to book as the lead name by all other members of the party intending to stay in the accommodation and who is over 18 years of age.

  2. When We use the words "writing" or "written" in these Terms, this will include e-mail unless We say otherwise.

2. OUR CONTRACT WITH YOU

  1. These are the terms and conditions on which We supply Services to You and all other members of Your party.

   2. Please ensure that You read these Terms carefully, and check that the details on the Order and in these Terms are complete and accurate, before You sign and / or submit the Order. If You think that there is a mistake or require any changes, please contact Us to discuss. We will confirm any changes in writing to avoid any confusion between You and Us.

  3. When You sign and / or submit the Order to Us, this does not mean We have accepted Your order for Services. Our acceptance of the Order will take place as described in clause 2.4. If We are unable to supply You with the Services, We will inform You of this in writing and We will not process the Order.

  4. These Terms will become binding on You and Us when We issue You with an Email Confirmation accepting Your Order at which point a contract will come into existence between You and Us.

   5. We shall assign an order reference to the Order and inform you of it when We confirm the Order. Please quote the order reference in all subsequent correspondence with Us relating to the Order.

3. CHANGES TO ORDER OR TERMS

   3.1 We may revise these Terms from time to time in the following circumstances: 

   (a) changes in relevant laws and regulatory requirements and

   (b) if we reasonably decide it is necessary for us to do so

  3.2 You may request a change to the Order for Services within 28 calendar days of Email Confirmation by contacting Us. We shall endeavour to make such changes but this may not always be possible, due to the number of pre bookings, and we do not guarantee to do so. Where this means a change in the total price of the Services, We will notify You of the amended price in writing. Any request for such changes must be made by You in writing. We reserve the right to make a reasonable charge to You for making any changes requested by You.

  3.3 Occasionally we may have to make changes or amend the information provided about the Accommodation, facilities, descriptions, pricing and other information on Our website after Email Confirmation of Your Order. We reserve the right to correct prices at any time due to any errors or inaccuracies appearing on our website. In the event of minor changes, errors or alterations we will do our best to notify You before You travel. If a major change needs to be made by us, such as a change of Accommodation or an increase in price, we will notify You as soon as reasonably possible. You may then choose to either:

   (i) accept any alternative Accommodation offered (if such Accommodation costs less we will refund the difference to You if you have already paid in full, but if the Accommodation costs more You will have to pay the increased cost) , or

   (ii) cancel Your Order whereby we will refund to You all monies paid by You.

  3.4 We also reserve the right to correct prices prior to Email Confirmation of Your Order due to any errors or inaccuracies appearing on our website. Similarly we reserve the right to correct other errors including errors in photographs, descriptions and locations of the Accommodation. Photographs on the website do not necessarily show the current condition of the Accommodation. If the correct price of the Accommodation is less than the price shown on Our website we will invoice you for the lesser amount. If the correct price of the Accommodation is higher than the price shown on Our website we will contact you for instructions before sending the Email Confirmation to you as to whether you wish to cancel your booking or accept the higher price.

4. PROVIDING SERVICES

  1. We will take reasonable care to supply the Services to You as set out in the Order. We will ensure that the Accommodation is ready for Your stay and is prepared to a reasonable standard.

  2. We will make every effort to provide the Services as set out in the Order. However, there may be delays due to an Event Outside Our Control. See clause 8 for Our responsibilities when an Event Outside Our Control happens.

   3. We will need certain information from You that is necessary for Us to provide the Services, for example, details of people staying at the Accommodation and passport details. We will contact You in writing about this. If You do not, after being asked by Us, provide Us with this information within a reasonable time, or You provide Us with incomplete or incorrect information, We may make an additional charge of a reasonable sum to cover any extra work that is required, or We may suspend our Services by giving You written notice. We will not be liable for any delay or non-performance where You have not provided this information to Us after We have asked. If we suspend the Services under this clause 4.3, this does not affect Your obligation to pay for any invoices We have already sent You.

  4. If you do not pay Us for the Services when You are supposed to as set out in clause 6.1, We reserve the right to cancel Your Order and require You to pay our cancellation charges in the amounts set out in clause 9.2.

5. IF THERE IS A PROBLEM WITH THE ACCOMMODATION 

  1. In the unlikely event that the Accommodation is defective:

   (a) Please initially contact the house manager as per the details at the Accommodation and they will try and resolve the problem, if they are unable to do so then;

   (b) please contact Us and tell Us as soon as reasonably possible;

   (c) please give Us a reasonable opportunity to repair or fix any defect; and

   (d) We will use every effort to have the defect repaired or fixed as soon as reasonably practicable.

6. PRICE AND PAYMENT

   6.1 The price of the Services will be set out in the Email Confirmation of Your Order sent under clause 2.4. The Email Confirmation will confirm the booking deposit to be paid by You and the balance owing for the price of Your Order. The booking deposit must be paid by You to Us within 3 working days of the Email Confirmation. The balance due must be paid at least 8 weeks in advance of the first day of your stay at the Accommodation as set out in the Order . For bookings made within 8 weeks of the first day of your stay at the Accommodation as set out in the Order you must pay 50% of the full amount of Your Order to Us immediately on receipt of our Email Confirmation. The balance due must be paid to Us no later than 3 weeks before the first day of your stay at the Accommodation as set out in the Order. For bookings made within 3 weeks of the first day of your stay at the Accommodation as set out in the Order you must pay the full amount of Your Order to Us immediately on receipt of our Email Confirmation. We reserve the right to amend the price of unsold Accommodation at any time and to correct errors in the prices of confirmed Orders.

  6.2 In addition to the price set out in clause 6.1 above You must pay to Us the Security Deposit set out in the Email Confirmation. At the end of Your stay in the Accommodation We shall be entitled to withhold from the Security Deposit and to keep such proportion of the Security Deposit as may be reasonably necessary to:

   (a) make good any damage to the Accommodation or the contents, fixtures, fittings or services at the Accommodation, including but not limited to, any gardens, garden furniture and fixtures, barbeque equipment, pool and any Jacuzzi (except for fair wear and tear) caused by Your failure to take reasonable care of any them

   (b) replace any of the contents, fixtures, fittings or services which may be missing from the Accommodation;

   (c) pay for the Accommodation and the contents, fixtures, fittings or services to be cleaned if You have failed to leave any of them in a clean and tidy condition as reasonably determined by Us.

  6.3 Where the amount withheld is less than the Security Deposit the balance of the Security Deposit shall be returned to You within 21 days of the end of Your stay. 

   6.4 If the costs incurred under clause 6.2 exceed the amount of the Security Deposit then We will charge such costs to You in the amount that they exceed the Security Deposit (which will be retained). The balance due from You to Us will be payable by You within 14 days of the day We will notify you of the amount due.

  6.5 If You pay by electronic transfer from a bank outside of the UK We reserve the right to make an additional charge as is levied by our bank (limited to the amount of the charge by the bank).

  6.6 These prices include VAT. However, if the rate of VAT changes between the date of the Order and the date of the first day of Your stay at the Accommodation as set out in the Order, We will adjust the rate of VAT that You pay, unless You have already paid for the Services in full before the change in the rate of VAT takes effect.

  6.7 Your rights to a refund on cancellation are set out in clause 9.

7. OUR LIABILITY TO YOU

  1. Subject always to clause 3 above We accept responsibility for ensuring that Your Accommodation is materially as described on Our website. It is Your responsibility to satisfy Yourself that the Accommodation as described will be adequate for your requirements taking into account in particular the location of the Accommodation and the age, health and mobility of the members of your party.

  2. You agree that We have no liability to You for any consequential losses to You, including but not limited to loss of profit, loss of business, business interruption, loss of business opportunity.

  3. We will not accept any responsibility for any services or facilities which do not form part of our agreement including but not limited to any excursion You book whilst away, any car rental, airport transfers, chef service and any service or facility which any other supplier or third party agrees to provide for you or the services of any person employed or retained by You whilst on holiday and it is Your responsibility to ensure that any such person is suitable and is qualified to provide such services or facilities.

  4. We do not exclude or limit in any way Our liability for:

   (a) death or personal injury caused by Our negligence or the negligence of Our employees or agents acting in the course of their employment in the provision of the Accommodation;

   (b) fraud or fraudulent misrepresentation of Our employees or agents acting in the course of their employment in the provision of the Accommodation.

8. EVENTS OUTSIDE OUR CONTROL

  1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of Our obligations under these Terms that is caused by an Event Outside Our Control.

  2. An Event Outside Our Control means any act or event beyond Our reasonable control, including without limitation strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of public or private telecommunications networks.

  3. If an Event Outside Our Control takes place that affects the performance of Our obligations under these Terms:

   (a) We will contact You as soon as reasonably possible to notify You; and

   (b) Our obligations under these Terms will be suspended and the time for performance of Our obligations will be extended for the duration of the Event Outside Our Control. Where the Event Outside Our Control affects Our performance of Services to You, We will restart the Services as soon as reasonably possible after the Event Outside Our Control is over.

9. YOUR RIGHTS TO CANCEL AND APPLICABLE REFUND

  9.1 Before We begin to provide the Services, You have the following rights to cancel an Order for Services:

   (a) You may cancel Your Order for Services at any time by contacting Us. We will confirm Your cancellation in writing to You. If You cancel an Order under clause 9.1(a) and You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You subject to the cancellation charges set out in clause 9.2.

   (b) If You cancel an Order for Services under clause 9.1(a) and We have already started work on Your Order by that time including but not limited to administrative costs, You will pay Us any costs We reasonably incurred in starting to fulfil the Order, and this charge will be deducted from any refund that is due to You or, if no refund is due to You, invoiced to You. We will tell You what these costs are when you contact Us.

   (c) However, where You have cancelled an Order under clause 9.1 (a) because of Our failure to comply with these Terms (except where We have been affected by an Event Outside Our Control), You do not have to make any payment to us.

  9.2 Once We have sent to You the Confirmation Email, the nearer Your cancellation is to the date of Your stay in the Accommodation, the less likely it is that We will be able to recover Our costs by re-letting the Accommodation at the original price. As a result Our cancellation charges increase as the date of Your stay gets closer. You agree to the following cancellation charges:

   (a) More than 8 weeks prior to your stay in the Accommodation: the deposit that you paid when booking the Accommodation.

   (b) Less than 8 weeks but greater than 6 weeks prior to Your stay in the Accommodation: 50% of the price of the Accommodation under clause 6.1 or the amount of Your booking deposit, whichever is greater.

   (c) Less than 6 weeks but greater than 4 weeks prior to Your stay in the Accommodation: 75% of the price of the Accommodation under clause 6.1.

   (d) Less than 4 weeks prior to Your stay in the Accommodation 100% of the price of the Accommodation under clause 6.1.

10. OUR RIGHTS TO CANCEL AND APPLICABLE REFUND 

  1. If We have to cancel an Order for Services before the Services start:

   (a) We may have to cancel an Order before the start date for the Services, due to an Event Outside Our Control or the unavailability of key personnel or Accommodation without which We cannot provide the Services. We will promptly contact You if this happens.

   (b) If We have to cancel an Order under clause 10.1(a) and You have made any payment in advance for Services that have not been provided to You, We will refund these amounts to You.

   (c) Where We have already started work on Your Order for Services by the time We have to cancel under clause 10.1(a), We will not charge You anything and You will not have to make any payment to Us.

  2. We may cancel the contract for Services at any time with immediate effect by giving you written notice if:

   (a) You do not pay Us when You are supposed to as set out in clause 6.1 or 6.2; or

   (b) You break the contract in any other material way and You do not correct or fix the situation within 14 days of Us asking You to in writing.

11. INFORMATION ABOUT US AND HOW TO CONTACT US 

  1. We are a company registered in England and Wales. Our company registration number is 9594190 and Our registered office is at c/o PM + M, Greenbank Technology Park, Challenge Way, Blackburn, England, BB1 5QB .

  2. If You have any questions or if You have any complaints, please contact Us. You can contact Us by telephoning Our customer service team at U.K. 0161 8186510 Portugal + (351) 932300091 or by e-mailing Us at howard@algarvecoastvillas.com or info@algarvecoastvillas.com .

  3. If You wish to contact Us in writing, or if any clause in these Terms requires You to give Us notice in writing (for example, to cancel the contract), You can send this to Us by e-mail, to Algarve Coast Villas Ltd at howard@algarvecoastvillas.com or info@algarvecoastvillas.com . We will confirm receipt of this by contacting You in writing. 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 in the Order.

12. HOW WE MAY USE YOUR PERSONAL INFORMATION 

  1. We will use the personal information you provide to Us to:

   (a) provide the Services;

   (b) process your payment for such Services; and

   (c) inform You about similar products or services that We provide, but you may stop receiving these at any time by contacting Us.

  2. You agree that We may pass your personal information to credit reference agencies and that they may keep a record of any search that they do. You also agree that We may pass such information to Accommodation owners, their agents, Accommodation managers and maids.

  3. We will not give Your personal data to any other third party.

13. OTHER IMPORTANT TERMS AND REQUIREMENTS 

  1. TRAVEL INSURANCE AND PERSONAL ACCIDENT INSURANCE (Insurance). It is essential that You and everyone in Your party has adequate Insurance with a reputable insurer. It is Your responsibility to arrange this. We may request details at the time of booking or any time thereafter. 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. We are not responsible for checking the adequacy of such Insurance and You should satisfy yourself in this respect. We reserve the right to cancel Your Order unless you specify the name of your insurer and policy number by email as soon as possible after we send you a Confirmation Email.

  2. WHO MAY STAY AT THE ACCOMMODATION AND USE OF THE ACCOMMODATION. When completing Your booking form the names of all of Your party must be clearly set out (including any infants and children and their ages on the departure date from the UK). If any of your party have special needs or requirements you must let us know at the time that you complete Your booking form Your Accommodation is reserved exclusively for the people named on the booking form and no-one else permitted to stay at the Accommodation unless We give our prior written agreement and You have paid Us any further charges that We ask You to pay for this. If more guests arrive or stay at the Accommodation without Our permission, for any period of time, Your party risks being removed from the Accommodation by our local representative, property manager, or any other person in authority. You cannot arrange for visitors to attend the Accommodation for the purpose of events such as parties or similar unless We agree in writing in advance and You agree to meet any conditions that We reasonably impose. You and all members of Your party also agree not to use the property for any illegal or commercial purpose, including subletting it or otherwise allowing anyone to stay in it.

  3. We reserve the right to refuse (without any justification) bookings from single sex groups of more than 6 people, including but not limited to stag and/or hen parties. If a booking of this nature is accepted, a greater security deposit will normally be required. You are obliged to ask for prior approval in writing before proceeding with Your booking. Similarly, special event parties, such as weddings will also require prior approval and be subject to additional charges and security deposits.

  4. NOISE AND BEHAVIOUR. You agree not to make any loud noise between 23.30 and 08.30 at the Accommodation. You also agree not to cause alarm, danger, distress, annoyance or damage to third parties or property at or near to the Accommodation. On Your departure from the Accommodation You agree to leave the Accommodation in a reasonably clean and tidy condition and notify Us of any damage to the Accommodation and / or the contents, fixtures, fittings or services.

  5. DEPARTURE FROM THE ACCOMMODATION. Your Accommodation will be available from 14.00 hours on the day of your arrival. You are required to vacate the accommodation by 10.00 a.m. on the day of Your departure. If you do not vacate the Accommodation by 10.00am We reserve the right to retain a reasonable proportion of the Security Deposit

  6. PASSPORTS AND HEALTH. We do not accept any responsibility if you cannot travel, or incur any other loss because You have not complied with any passport, visa or immigration requirements or health formalities.

  7. You will be required to provide all copies of all passports for Your party within 14 days of Email Confirmation and to produce them at the Accommodation so that they can be copied and the copies retained.

  8. We may transfer Our rights and obligations under these Terms to another organisation, and We will always notify You in writing if this happens, but this will not affect your rights or Our obligations under these Terms.

  9. This contract is between You and Us. No other person shall have any rights to enforce any of its terms.

  10. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

  11. 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.

  12. These Terms are governed by English law. You and We both agree to submit to the exclusive jurisdiction of the English courts.