Booking Contract
General
These terms and conditions (the “Booking Contract”) are between and shall bind the property owner (we) and the holidaymaker(s) who book our property through the Rental Agency online website. Any Booking is subject to the Booking Contract. This Booking Contract and our confirmation email contain the entire agreement between us and you and forms the basis of your agreement with us so please read them carefully. Nothing in this Booking Contract affects your usual statutory rights.
Making your Booking
The contract will be effective from when you accept a quote provided on the system and have made a deposit or the full rental payment and you have received an email confirming the Booking and including the Cancellation Policy (as defined below).
Prices quoted are for up to 6 people. Additional tariff is charged for more than 6 people. If you want to add extra Guests after making your booking, please let the Owner know and you will be advised if any additional charge is applicable.
You should carefully check the details of the Quote before making any payment and inform us immediately of any errors or omissions.
Paying for your Booking
Deposit - When you make your booking, a 25% deposit is required. This is refundable IF the Guest cancels more than 30 days before midnight of the day of arrival. Within 30 days of arrival, it is non-refundable.
Balance payment – this is due 30 days before arrival. Within 30 days of arrival, this is non-refundable.
Failure to make payment on time will invalidate the contract and we shall be entitled to treat your Booking as cancelled by you and the Cancellation Policy (as defined below) shall apply.
Cancellation or Amendment
If you need to cancel or amend your Booking you must inform us as soon as possible. The link to your Booking page in the confirmation email will also enable you to submit a cancellation through the Website.
We may cancel your booking if:
a) any Balance payment required from you is not paid in accordance with the time frames set out in the booking terms and conditions
or
b) you do not arrive at the property within 24 hours of your arrival time without notifying us
or
c) On arrival the members of your party contradict our Terms and Conditions. Eg Stag or Hen party.
In any of the above events, no refund will be given.
or
d) If other Property Owners have awarded you less than a 4 star review, after staying in their property.
If we have to cancel the booking due to circumstances outside of our control, we will notify you as soon as possible. We will either offer you a full refund, or offer you an alternative superior property, with your consent. However, we will not be liable to refund you for any fees you may have paid to any third party in connection with your holiday (including, without limitation, fees for travel, entertainment, activities or insurance).
Force Majeure
In the event of Force Majeure being declared eg Government enforced closure of Airports or restriction of travel, earthquake, Act of Terrorism, etc etc and you cannot travel, the following conditions will apply. (See separate note for Covid19).
- We will offer a 100% refund, payable within 3 months from the date of claim. But you are strongly advised to take out travel insurance. Or to make payment with a credit card whose useage includes insurance protection.
These insurances are available from mainstream insurance providers, for a modest cost. - Covid19 Policy
The World Health Organisation states that Covid19 is now a known risk and that travellers should anticipate and behave accordingly. And as of 22nd August 2022, the majority of the adult populations of our customer markets have been vaccinated, or have had the opportunity to do so. It will not be considered a valid reason to cancel your reservation.
We recommend for our Guests to be vaccinated against Covid. Excepting children below the required age, or persons medically exempt.
We recommend for our Guests to have Travel Insurance, including Cancellation cover.
This is available from mainstream insurance companies (eg UK Post Office) for a modest cost. Eg Dec 2021 £1000 Covid cancellation cover for £25.
Therefore a family of four can reasonably protect themselves against unforeseen circumstances. And policies with “Any reason cancellation cover” are available.
Airline cancellations – If the Airline cancels your reservation, it will not be a valid reason to cancel your booking, nor to request a refund.
EU Regulation Nr. 261/2004 permits travellers to claim compensation against the Airline, plus replacement tickets or refund. And Travel Insurance can protect against any other potential financial loss. https://www.flightright.co.uk/your-rights/flight-cancellation
We Can Not Refund outside of the normal Terms and Conditions of the Booking contract.
Either our own Terms and Conditions, or those of the Agency through whom you made your reservation. Nor offer deferred stays in lieu.
We the Villa provider, cannot personally insure you for the cost of our rental, if you become sick and cannot travel. This remains the responsibility of the Guest.
Pleaseeeeee remove the financial stress from your holiday plans, by taking out the cheap insurance protection policies that are now available.
The Property
You can arrive at the Property from 4pm on the Arrival Date for your holiday and
you must leave by 10am on the departure date.
Your obligations
You agree to comply with the regulations set out in any property manual at the Property and any other regulations reasonably specified by us from time to time and ensure that they are observed by all members of your party. You agree to keep and leave the Property and the furnishings, including items such as kitchen equipment, crockery and glasses clean and in good condition.
If you do not remove your rubbish from the premises, a surcharge will be made.
We do not charge for minor breakages. But please let us know by email or by leaving a note for the Housekeeper, so that we can replace them and maintain the standards of the property.
You agree not to cause any damage to the walls, doors, windows or any other part of the Property nor to do anything that may be reasonably considered to cause a nuisance or annoyance to us or to any other occupier of adjoining or neighbouring properties.
You agree to take all necessary steps to safeguard your personal property while at the Property.
You agree to ensure that each member of your party is covered by comprehensive travel insurance (including cancellation, flight delays, loss and damage to baggage and other property) and health insurance (including evacuation and repatriation coverage).
You cannot allow more people to stay in the Property than expressly authorised, nor can you significantly change the makeup of the party during your stay in the Property, nor can you take any pet into the Property. If you do so, we can refuse to hand over the Property to you, or can require you to leave it. We will treat any of these circumstances as a cancellation of the Booking by you and we shall be under no obligation to refund you for any fees already paid to us in those circumstances. Any refund will be at our sole discretion.
You agree to allow us or any representative of ours access to the Property at any reasonable time during your stay for the purpose of essential repairs, in an emergency or to ensure you are complying with this Booking Contract.
Specific House Rules
No Smoking inside the property.
No parties
Please keep noise to a reasonable level between 11pm and 8am.
A mid stay clean is included in your tariff, if staying 11 nights or more.
Swimming Pools – These are private to each Villa. Heated to 32c in Winter and 26c in summer.
You must cover the Pool after use, if you want to retain the heat.
Please do not permit children to throw stones in the Pool. A 30 euro fee will be
charged, if our cleaners have to enter the Pool to retrieve them.
BBQ – The BBQ structures, are suitable for charcoal only. Please do not use fire wood.
Blue Sea Villa – The Attic Studio will only be provided for groups of more than 6 persons, unless agreed with the Owner in advance.
Complaints
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint it is important that remedial action is taken as soon as possible.
It is essential that you contact us if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve problems properly unless we are promptly notified. Discussion of any criticisms with us whilst you are in residence at the Property will usually enable any shortcomings to be rectified straightaway. In particular, complaints of a transient nature
(for example, regarding preparation or heating of the Property) cannot possibly be investigated unless registered whilst you are in residence at the Property.
If any complaint cannot be resolved during your holiday, you must write to us or email us with full details within 28 days of the end of your Booking.
For the avoidance of doubt, you shall always contact us and not the Online agency if you have any complaint in relation to your Booking or the Property.
Limit of Liability
Our maximum liability for losses you suffer as a result of us acting in breach of this Booking Contract is strictly limited to the amounts received by us in relation to your Booking. We shall not be liable for any losses which are not a foreseeable consequence of us breaching this Booking Contract. Losses are foreseeable where they could be contemplated by you and us at the time your Booking is confirmed by us.
Your Booking is made as a consumer for the purpose of a holiday and you acknowledge that we will not be liable for any business losses howsoever suffered or incurred by you.
For the avoidance of doubt, we the Owners shall not be liable to you or responsible for:
any matter for which it would be illegal for us to exclude or limit, or attempt to exclude or limit, our liability.
Law and Jurisdiction
This Booking Contract (including any non-contractual obligations arising under or in relation to this Booking Contract) between you and us is governed by the law of England and Wales and we both agree that any dispute, matter or other issue which arises between us will be exclusively dealt with by the Courts of England and Wales.
Miscellaneous
You may not transfer your Booking or any rights and responsibilities under this Booking Contract to any other person, without our prior written consent.
If at any time any part of this Booking Contract is held to be unenforceable for any reason under any applicable law, that part shall be deemed omitted and the enforceability of the remaining parts shall not in any way be affected by that omission.
This Booking Contract, together with the Cancellation Policy and our confirmation email contain the entire agreement between us and you relating to the Booking and shall supersede any previous
agreements, arrangements or discussions between you and us, whether oral or in writing. No representation, undertaking or promise shall be taken to have been given or be implied from anything said or written in negotiations between you and us prior to receiving the confirmation email except as expressly stated in this Booking Contract. Neither you nor us shall have any remedy in respect of any untrue statement made by the other upon which that party relied in entering into this Booking Contract (unless such untrue statement was made fraudulently) and that party’s only remedy shall be for breach of contract as provided in this Booking Contract.
We will not be in breach of this Booking Contract, or otherwise liable for any failure or delay in performance, arising from any circumstances beyond our reasonable control including, without limitation, flood, fire, explosion or accident.
Passport Information of Travellers
Portuguese law requires Property Owners to collect Passport numbers of Travellers, for remittance to: "Servico de Estrangeiros e Fronteiras". This is the Immigration bureau, and a mandatory security requirement. We will request this information from Guests after confirmation of the booking.
William Garfield www.theblueoceanvillas.com 28th January 2023