Booking Conditions

Please read these booking conditions and holiday information carefully, since they, along with the other information on this website, set out the terms and conditions of the contract between you and The Villa Agency Limited, which will be referred to as "The Villa Agency Limited" or "we". We act as the booking agent for the suppliers of the component parts of the holidays we organise and, as such, bookings for their services will form a direct contract between you and the relevant supplier and will be subject to that supplier's standard terms and conditions. However, although we act as an agent on behalf of these suppliers, where the booking made with or through us is for a Package, we voluntarily accept the legal liabilities imposed on "organisers" by the Package Travel, Package Holidays & Package Tours Regulations 1992.Your contract will be read in accordance with English law & is subject to the exclusive jurisdiction of the Courts of England & Wales.

1. Your Financial Protection

ALL OUR HOLIDAYS ARE FULLY BONDED, SO YOUR MONEY IS 100% SAFE

The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 for The Villa Agency Limited, and in the event of their insolvency, protection is provided for the following:

  1. non-flight packages commencing in and returning to the UK;
  2. non-flight packages commencing and returning to a country other than the UK;
  3. flight inclusive packages that commence outside of the UK and Republic of Ireland, which are sold to customers outside of the UK and Republic of Ireland;
  4. accommodation only bookings;

1, 2, 3 and 4 provides for a refund in the event you have not yet travelled. 1 and 3 provides for repatriation. Please note that bookings made outside the UK and Republic of Ireland are only protected by ABTOT when purchased directly with The Villa Agency Limited.

The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from our website for your repatriation in the event of our insolvency. We provide this security, for packages involving flights, by way of the Civil Aviation Authority under ATOL number 3340.

When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

2. Website Accuracy

We take great care to make this website accurate. Because changes outside our control may occur we reserve the right to change any facilities, services or prices contained herein. We will tell you of any change before you make a booking. Scenic pictures on this website are to convey an impression of the region, but may not have been taken in the immediate vicinity of the location or accommodation on the web page on which they appear. We cannot accept liability for any inconvenience caused by any building works or similar.

3. Making a Booking (and paying a deposit)

Your party leader should complete a booking form with all relevant details, including any special requests, sign it on behalf of all members of your party & send it to us with the appropriate villa booking deposit (see the booking form) and the appropriate sum required by the airline for each passenger. In the case of bookings 8 weeks or less before departure, full payment will be required. The booking may be made over the telephone with payment by credit/debit card and a faxed or online booking form. If you are a UK resident, you must take out insurance for all party members. If you are not resident in the UK, or if you do not wish to take the insurance recommended by us, you must have travel insurance covering cancellation and emergency assistance, including repatriation in the event of accident or illness, which matches or betters ours and name it on the booking form. Our staff are not authorised to interpret any insurance policy or to make promises in respect of cover. If you require clarification of cover, please contact your brokers. We reserve the right to refuse any booking made by a group of individuals of the same gender or to cancel any holiday where the original party is, or appears to be, of mixed gender but which subsequently is found to be of the same gender. Although we will communicate any special requests that you specify on the booking form to the relevant supplier, we cannot guarantee that they will be met and will not have any liability to you if they are not met. Only those persons named on the booking form may occupy the villa; any additional persons added or changes made to the booking by you, once it has been confirmed, must be approved by The Villa Agency Limited.

4. Confirmation & Payment of the Balance Due

Provided the holiday is available, we will send you a confirmation invoice setting out the holiday details & showing how much remains to be paid (please check these carefully as any amendments made following the issue of this invoice may be charged for). The contract between us is made when we issue your confirmation invoice and this is the point from which your deposit becomes non refundable. The balance must be paid at least 8 weeks before departure. The party leader will be responsible for payment for everyone named on the booking form, even if some names were added after the initial booking was made. If you do not pay the balance by the due date, we may cancel your booking and levy the appropriate cancellation charge set out below. Any monies paid to a travel agent will be held on behalf of The Villa Agency Limited.

5. Surcharges

We guarantee that the price of your villa will not be subject to surcharges less than 30 days before departure. Surcharges may be imposed by our suppliers to cover the costs of variations in transportation costs, including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports & airports, & the exchange rate applied to the particular package. Similarly, if the villa rental is paid by us in euros and the €/£ exchange rate deteriorates substantially, we reserve the right to impose a surcharge as necessary. Where a surcharge is payable, there will be an administration fee of £1 per person together with an amount to cover agents' commission.

6. Changes made to your Holiday by The Villa Agency Limited

The Villa Agency Limited is occasionally forced to make changes to holidays and reserves the right to do so. A change may be "significant" or "minor". A significant change will be a change of accommodation to a lower grade, a change of planned departure time by more than 12 hours or a price surcharge in excess of 10% of the villa rental. Any other changes will be "minor". We reserve the right to make minor changes at any time. We will, if practicable, advise you or your travel agent of minor changes before you leave. However, we are not obliged to do so, nor are we obliged to pay you compensation for the change. Where there is a significant change, we will inform you or your travel agent as soon as practicable and you will have 3 options. The first option is to accept our suggested alteration. The second option is to change your booking to another holiday operated by us and available. If the replacement you choose is more expensive, you will have to pay the difference, but if it is cheaper we will give you the appropriate refund. The third option will be to cancel your holiday altogether and to receive a full refund. On rare occasions, significant changes become necessary after departure. If this happens, or if we become unable to provide a significant proportion of services booked, we will either arrange for you to return to the UK (if you wish) and give you a refund in proportion to the cost of the services not received, or we will make alternative holiday arrangements for you. If we make a significant change, we will, if appropriate, also pay you compensation on the following scale:-

More than 56 days before departure NIL per person
29 - 56 days before departure £6 per person
15 - 28 days before departure £12 per person
0 - 14 days before departure £18 per person

An example of a situation in which it would not be appropriate to award compensation is if we have to make a major change for reasons of "force majeure" (that is unusual and unforeseeable circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid, for example war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire, adverse weather conditions, level of water in rivers or similar events beyond our control).

7. Changes to your Holiday by You

Any changes after confirmation will be subject to availability and there will be a fee of £20 for each amendment made to the original booking. Requests for alterations may be made by telephone, fax or email, by the party leader & accompanied by the relevant fee.

8. Transfers of Bookings

You may change your booking up to 30 days before departure by transferring it to another person if you are unavoidably prevented from travelling and the transferee meets any conditions which may apply to the holiday. The right to transfer is subject to payment of an administration fee of £20 per person and all additional charges of whatever sort imposed by suppliers providing the component parts of the holiday. Requests for transfers must be in writing and signed by the person taking over the booking, who must agree to be bound by our booking conditions. The request must reach us at least 14 days before you are due to depart and must be accompanied by any final balance due, the administration charge of £20 per person and all additional charges of whatever sort our suppliers may impose. (Some airlines may charge a 100% cancellation fee and the cost of a replacement ticket). We will require full details of the proposed new passenger. Please note that insurance companies will not transfer cover and will require additional premiums in respect of new names.

9. Cancellation of your Holiday by The Villa Agency Limited

The Villa Agency Limited is occasionally forced to cancel holidays and reserve the right to do so up to 8 weeks before departure. After that, we will only cancel your holiday for reasons of "force majeure" (see the definition in "Changes to your Holiday by The Villa Agency Limited"). In the unlikely event that we cancel your holiday, we will offer you the choice of an alternative holiday if available, or a full and prompt refund. If the only acceptable alternatives are more expensive than the holiday booked you will have to pay the difference; if the alternative you choose is cheaper, we will make the appropriate refund. Unless the cancellation was caused by "force majeure" we will, if appropriate, pay you compensation on the scale set out above in "Changes to your holiday by The Villa Agency Limited". We reserve the right to cancel your holiday and levy cancellation charges set out under the heading "Cancellation of your holiday by you" should you fail to pay the final balance when due, or if you behave in an improper manner (see paragraph under the heading "Your responsibilities").

10. Cancellation of your Holiday by You

All cancellations must be made in writing and signed by the party leader. Your insurance premium will be forfeited whenever you cancel. You will also be liable for the appropriate cancellation charge set out below:-

More than 56 days before departure Loss of deposit
Less than 56 days before departure 100%

11. Your Responsibilities

While on holiday you must behave with propriety and not cause damage to the villa or distress, danger or annoyance to other clients, neighbours or their property. If you do not comply with these responsibilities, we reserve the right to move your party to an alternative property, or terminate your holiday immediately and in either case without any further liability. You must not damage any property with which you come into contact but, if you do, you will be liable for the cost of repairs or replacements. In order to cover such costs, you will be required to pay a security deposit, which will be payable with the balance of the total holiday cost. This will be refunded, less any costs as detailed above. You are responsible for ensuring that the property is properly secured at all times; if you do not take appropriate care with security and a burglary results, you will be responsible for any costs. Should you subsequently wish to be moved to another property you will be charged the additional rent.

12. Passports/Travel Documents

You must ensure that your passport is valid for the duration of the holiday. There are currently no visa requirements for UK or EEC Nationals travelling to any of our destinations. Nationals of other countries should check with their embassy or consulate in relation to any passport or visa requirements, but a passport valid for at least 6 months after the end of the holiday is usually required. It is your responsibility to report promptly at stated times for all transport arrangements and to ensure that you have all travel tickets & documents. We cannot be held responsible for any additional costs if you fail to do so.

13. The Villa Agency Limited's Liability

  1. Our obligations and those of our suppliers providing any service or facility involved in your holiday are to take reasonable skill and care to arrange for the provision of such services & facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements (such as, for example, those of the Civil Aviation Authority) will be proper performance of our, and our suppliers', obligations.
  2. For claims which do not involve death or personal injury, we accept liability, subject to paragraphs (i) above and (iv) below, should any part of your holiday not be as described on this website. If we accept liability, we will, subject to paragraphs (v) and (vi) below, pay you compensation of an amount which could be reasonably and properly expected taking into account all the relevant circumstances. Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline's actions) will be deducted from any sum paid to you as compensation by us.
  3. For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept liability subject to paragraphs (i) above and (iv) below. If we accept liability, we will, subject to paragraphs (v), (vi) & (vii) below, pay you reasonable compensation.
  4. We accept liability in accordance with paragraphs (i), (ii) & (iii) above and subject to paragraphs (v) and (vi) below except where the cause of the failure in your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers and is either attributable to you, or attributable to someone unconnected with the trip and is unforeseeable or unavoidable, or due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
  5. Where a claim (whether for personal injury or non personal injury) arises out of loss or damage suffered during the course of air travel, rail travel, sea travel, road travel or hotel accommodation, the amount of compensation you will receive will be limited in accordance with and/or in an identical manner to the provisions of any relevant International Conventions, namely the Warsaw Convention 1929 (including as amended by the Hague Protocol) the Berne Convention 1961, the Athens Convention 1974, the Geneva Convention 1973 and the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday.
  6. It should be noted that our acceptance of liability in paragraphs (ii), (iii) & (iv) above is conditional upon you assigning any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday or any death or personal injury you may suffer. Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in the clause entitled "Complaints".
  7. Other than as set out above and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.

14. Suppliers' Conditions/Conditions of Carriage

The suppliers of your holiday will have their own booking conditions or conditions of carriage and you will be bound by these so far as the relevant supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant supplier. Where relevant, copies of such conditions may be available for inspection at the offices of the relevant supplier. Flight timings are set by the airline and are subject to air traffic control restrictions, weather conditions etc. We cannot guarantee that flights will leave at the times shown in our literature or on tickets and we cannot be held liable for any delays or expenses incurred. In the event of delay on your outward or homeward journey we will do our best to ensure that airlines reimburse any additional expenses incurred.

15. Complaints

If you have a complaint while on holiday, it is essential to make it known to our representative, local agent, or property owner immediately so that remedial action, where possible, can be taken. If no representative/agent/owner is available, or if the problem is not resolved to your satisfaction, please contact our office in Brighton without delay. If your complaint cannot be completely resolved locally, you must inform our representative/agent/owner & our Brighton office immediately & follow this up within 28 days of your return home by writing to our Brighton office. If you fail to follow this simple procedure, we cannot accept responsibility for any claim, as we have been deprived of the opportunity to investigate & rectify the problem.

If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close.

Details of this scheme are available from The Travel Industry Arbitration Service, administered by Dispute Settlement Services Limited
9 Savill Road
Lindfield
Haywards Heath
West Sussex
RH16 2NY

This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or for claims which are solely or mainly in respect of physical injury or illness or the consequence thereof.

16. Assistance with Claims

If you suffer personal injury or death from an activity which is not part of the holiday arrangements we make for you, we will not be liable to pay you any compensation, but we will give you assistance if you are in difficulty. This assistance will consist of advice, guidance and, where appropriate and at our discretion, financial assistance in the form of a Legal Expenses Insurance up to a limit of £5,000 per booking form. Any financial assistance we give you is for the sole purpose of enabling you to take legal proceedings against any third party responsible for your personal injury or death and is conditional upon you repaying us out of any monies you may recover from the third party in question.

Contact us

To contact us by email please use the Contact Form. If you would like to check the availability of any of our villas, use our villa enquiry form.

We answer email over weekends and Bank Holidays, even Christmas and New Year, so email your enquiry at any time.

Booking forms

We offer a downloadable version of our holiday booking form download here which, once completed, can be sent to:

The Villa Agency Ltd
Victoria Chambers
170-174 South Coast Road
Peacehaven
East Sussex
BN10 8JH
United Kingdom