Please read these booking conditions and holiday information carefully, since they, along with the other information on this website and provided to you, set out the terms and conditions of your booking arrangements with The Villa Agency Limited, or “we”. The Villa Agency Limited’s company number is 01841001 and our registered office is at The Hames, Ovingdean Road, Brighton, BN2 7BB. You can also contact us by telephone on +44 (0) 1273 747811 and by email at firstname.lastname@example.org.
We act as the booking agent for the villa owners or 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 villa owner or supplier and will be subject to additional specific supplier’s or villa owner’s terms and conditions (“Supplier Terms”). However, although we act as an agent on behalf of these suppliers, where the booking made with or through us is for a package (as confirmed to you at the time of booking), we shall be responsible to you as the organiser of your package, as required by and in accordance with the Package Travel and Linked Villa arrangements Regulations 2018. You can access The Package Travel and Linked Villa arrangements Regulations 2018 here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/contents
Your contract will be governed in accordance with English law & is subject to the exclusive jurisdiction of the Courts of England & Wales.
Accommodation only bookings
Where we arrange accommodation-only arrangements for you, we act as agent for the relevant villa owner. As we take bookings and payment from you, we have a bond in place with ABTOT to protect the monies you pay to us, in the unlikely event of our insolvency. This means that you would either be provided with a refund of monies you have paid to us if you have not yet started your rental period, or that the villa owner would be paid any outstanding sums due in respect of your booking from the bond, if you have already started your rental period.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for The Villa Agency Limited, Membership no. 5022, and in the event of their insolvency, protection is provided for the following:
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if you are abroad. Please note that bookings made outside the EEA are only protected by ABTOT when purchased directly with The Villa Agency Limited.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
Financial protection for flight packages commencing from within the EU and which are sold to customers within the EU is provided to your through our Air Travel Organiser’s Licence (ATOL), number 3340, issued by the Civil Aviation Authority, of 45-59 Kingsway, London WC2B 6TE www.caa.org.uk.
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.
The suppliers identified on your ATOL Certificate will provide you with the services listed on the ATOL Certificate (or a suitable alternative, which we may source if required, in accordance with the ATOL Regulations). 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 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.
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, up to the point at which you book. We will tell you of any change we have been made aware of 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. The description of any package holiday we organise for you will be as per the description confirmed to you immediately prior to booking.
The general information on whether the travel services available are or are not adapted for persons with reduced mobility is available on the website, or by telephone. On request, specific information about the suitability of the travel services for your needs may be provided by telephone.
When you make a booking either over the telephone or via our website, you (as the party leader) accept on your own behalf and on behalf of all your party (for whom you have authority to accept) these Booking Conditions. You should complete a booking form with all relevant details, including any special requests, sign it on behalf of all members of your party and send it to us with the appropriate villa booking deposit (see the booking form or if otherwise stated on the individual villa page on our website) and the appropriate sum required by the airline for each passenger (if flights are being arranged by us). 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 an online booking form. A contract will not exist for the booking of your arrangements until we issue your booking confirmation, as detailed in paragraph 4 below.
You must have travel insurance in place covering your villa arrangements, including any activities you will be undertaking as part of your trip, together with appropriate insurance for any driving or car hire that you will be doing whilst on holiday. This might also include cover for cancellation of your villa arrangements and emergency assistance, including repatriation in the event of accident or illness. Our staff are not authorised to interpret any insurance policy you may have in place or wish to take out, 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, due to the booking policies of the villa or accommodation providers. This includes (but is not limited to) any group made up of individuals of the same gender and/or parties consisting of predominantly under 25s.
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 and may incur further charges for any additional persons or other changes made (in accordance with these Booking Conditions).
When we receive your booking request, we will check all arrangements included in your booking request, to check that these are available. Provided the arrangements are available, we will confirm your booking by sending you a confirmation invoice setting out the details of the villa arrangements booked and showing how much remains to be paid, if relevant (please check these carefully as any amendments made following the issue of this invoice may be charged for). You must make sure that all information provided to us is accurate (for all members of your party), as you will be solely responsible for any errors, omissions or consequences of such information being inaccurate, misleading or otherwise insufficient. In general, we will not be liable to you for booking errors attributed to you or that are caused by extraordinary or unavoidable circumstances.
The contract for provision of your villa arrangements or package is made when we issue our confirmation invoice to you and this is the point from which your deposit becomes non refundable, in accordance with these Booking Conditions. Your contract will consist of these Booking Conditions (in relation to the booking arrangements, together with the description of any package holiday organised by us as provided to you at the time of booking), together with applicable Supplier Terms which form the basis of your contract with the supplier / villa owner for the provision of your villa arrangements / travel services included in a package sold to you. You must have read and accepted these Booking Conditions at the time you make your booking.
Suppliers require 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, in accordance with the relevant supplier’s / villa owner’s cancellation terms. Any monies paid to a travel agent who may act on our behalf will be held on our behalf, for the purposes of transferring monies to the relevant villa owner / supplier in accordance with these Booking Conditions and the relevant Supplier Terms.
When we refer in these Booking Conditions to packages organised by us, a ‘package’ is a holiday that combines two or more travel services, combined for the purposes of the same trip. ‘Travel services’ could include (i) transport (eg, flights, trains and coaches); (ii) accommodation (unless part of transportation of passengers, eg, sleeper train would not be classified as a package as the accommodation is part of the carriage); (iii) motor vehicle hire; and (iv) other tourist services (which are not intrinsically part of the carriage of passengers, accommodation or motor vehicle hire, eg, admission to concerts, ski passes, sports events, excursions, tours, spa treatments, etc). Where we organise packages we remain an agent, placing you into contract with the supplier of all elements of the travel services forming part of that package.
We reserve the right to alter the prices of any of the holidays shown in our promotional literature and on our website, in accordance with these Booking Conditions and prior to you booking. The current price of the villa arrangements will be notified to you at the time of booking and before your contract is confirmed.
The price for the villa arrangements that you wish to book (whether as a single service or as a package) is listed for each booking in pounds sterling, including any applicable tax chargeable by us, but excluding any local taxes that might be payable in your destination country or administrative fees, unless otherwise mentioned on the website or by telephone.
Prices for accommodation-only arrangements are subject to change by the villa owners / suppliers and we will notify you of any proposed changes to the price if we receive notice of such changes from a villa owner / supplier. You will have the choice of accepting the change to the price or the right to cancel the arrangements and obtain a refund if you do not agree to the price changes and you notify us of your wish to cancel within 14 days of receiving notice of such proposed price increase. If you do not notify us that you wish to cancel the accommodation-only arrangements within 14 days of receiving notice of such price increases, then the price increase will apply to your arrangements with the relevant villa owner / supplier, who shall be entitled to charge such increased price and we shall seek to collect such sums from you on behalf of the villa owner / supplier accordingly.
Where the price for accommodation only has not been changed by the villa owner / supplier, but the amount payable is higher due to a change in the exchange rate, then we will inform you as soon as reasonably possible. If the exchange rate changes mean that the amounts payable by you increase by up to 8% of the original cost, then such change adjusted price shall be considered reasonable and therefore payable by you and we will issue a revised invoice for those adjusted sums to you, for payment. However, where such change in the amounts payable due to such exchange rate fluctuation increases the costs by more than 8% of the total cost of the villa arrangements originally provided, then you may accept the change to the amounts payable, or you cancel and we will provide you with a refund of any money you’ve paid to us already.
Our packages include all elements of the holiday detailed in the description of the package confirmed to you at the time of booking.
We draw your attention to the fact that errors in the information you provide to us may affect the price of the villa arrangements being booked. We reserve the right to cancel any booking if changes are required to the services being booked at your request, including any applicable supplier costs, whether this is due to your error in providing the information to us, or otherwise in accordance with these Booking Conditions.
We can change the price of your package villa arrangements after you’ve booked. Changes to the price of packages will only be made in certain circumstances. Changes in the price of your villa arrangements can be made due to changes in: transportation costs i.e. the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources; the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or exchange rates, mean that the price of your villa arrangements may change after you have booked. However, there will be no change within 20 days of your departure. We will absorb, and you will not be charged for, any increase equivalent to 2% of the price of your villa arrangements, excluding any amendment charges. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 8% of the price of your villa arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (and we will refund any price difference if the alternative is of a lower value), or cancel and receive a full refund of all moneys paid, except for any amendment charges. Should you decide to cancel you must do so within the time period set out by us when notifying the price change. Whether you cancel or not you will also be entitled, under the terms set out in respect of major changes (see below) to accept from us an offer of alternative villa arrangements if we are able to do so and compensation as set out below.
Should the price of your package villa arrangements go down due to the changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. Please note that villa arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
The Villa Agency Limited is occasionally required by suppliers to notify you of changes suppliers wish to make to villa arrangements sold to you and suppliers / villa owners reserve the right to do so. A change may be “significant” or “minor”. Most of these changes are insignificant and we will ensure that we advise you as early as possible.
Minor changes include alteration of your arrival time at your villa by less than 12 hours, change of accommodation to another of the same standard or higher standard. In accordance with applicable regulations, suppliers may unilaterally change the pre-contractual information communicated to you before the booking and in such cases, we will notify you prior to booking. If minor changes are needed after a booking has been confirmed to you, then we will notify you as soon as possible and in a clear, comprehensible and durable medium.
A significant change may be a change of accommodation to a lower grade or a change of planned arrival time at your villa by more than 12 hours. Where we have organised a package for you and a significant change becomes necessary and suppliers are constrained by circumstances beyond their control to significantly alter any of the main characteristics of the villa arrangements you have booked, we will inform you as soon as practicable if there is time before departure. You will have a choice of either:
– accepting a suggested alteration and where this includes a price increase, paying any additional costs of such alternative villa arrangements;
– changing your booking to another villa arrangement of comparable standard which might be available and we will refund you with the difference if this is of lower value; or
– cancelling your villa arrangements and receiving a full refund.
Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given, your booking may be cancelled by suppliers after we have issued a reminder to you.
For package arrangements organised by us, if you choose to accept a refund, we will also pay you compensation on the following scale, except where the significant change is due to unavoidable and extraordinary circumstances:-
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 and which would be considered as unavoidable and extraordinary circumstances beyond our control, the consequences of which neither we nor our suppliers could avoid, would be 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.
Any changes after confirmation will be subject to availability and there will be a £50 administration fee payable by you for each amendment made to the original booking. Changes to bookings are subject to availability and potentially further cost in making the alteration. You should be aware that these costs may increase the closer to the departure date and so you should contact us as soon as possible. Requests for alterations may be made by telephone or email, by the party leader and accompanied by the relevant fee. Please also note that some components of the villa arrangements we put in place for you may not be changeable after a booking has been made and a change request from you may incur a cancellation charge of up to 100% of that part of the arrangements.
Transfer of accommodation only bookings to another party is subject to approval of the relevant supplier / villa owner, with whom you have booked and have a contract with the supply of the accommodation only arrangements.
For package bookings, you may transfer your booking up to 20 days before departure, to another person who satisfies all the conditions which may apply to the holiday.
In either case, both you and the new traveller are responsible for paying all costs we incur in making the transfer, including our administration fee of £50 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 (where relevant) and applicable Supplier Terms. The request must reach us at least 21 days before you are due to depart and must be accompanied by any final balance due, the administration charge of £50 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.
Villa owners or suppliers may be required to cancel any bookings you have made for accommodation only arrangements, which they can do at any time. In such instances, we shall arrange for the villa owner / supplier to refund any monies you have already paid in respect of such booking, in accordance with applicable Supplier Terms.
We are occasionally forced to cancel package arrangements we organise for you, when required by any villa owner/supplier and they reserve the right to do so up to 8 weeks before departure. After that, your holiday will only be cancelled for unavoidable and extraordinary circumstances. In the unlikely event that we cancel your holiday on instruction from villa owners / suppliers, we will offer you the choice of an alternative holiday of comparable standard (if available, with a refund of any price difference if the alternative is of a lower value), or a full refund of all monies paid, in accordance with the Package Travel Regulations. Unless the cancellation was caused by unavoidable and extraordinary circumstances, we will also 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” (on instruction from suppliers) 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”).
Where we sell you a package holiday organised by us, you will not be entitled to withdraw from your contract we have made, once we issue our confirmation of your booking to you, unless it is in accordance with these Booking Conditions. If you book arrangements for accommodation only, then any cancellation rights will be governed by the Supplier Terms and will be confirmed to you at the time of booking.
You, or a member of your party, may cancel your holiday after a booking has been confirmed provided that notice of the cancellation is made in writing and signed by the party leader. Cancellation by you will incur cancellation charges of the relevant supplier / villa owner, which are detailed below (unless otherwise specified in your booking confirmation), which means you will not receive a refund of monies paid to us, up to those levels of cancellation charges. You will therefore be liable for the appropriate cancellation charge set out below:-
|More than 56 days before departure||Loss of deposit|
|56 days or less before departure||100%|
Please note that some villa arrangements booked will result in 100% cancellation charge, depending on the villa arrangements booked, eg, flights. Where alternative cancellation charges apply, we will notify you at the time of booking and confirm these at the time we receive your cancellation request.
No refund will be given after the commencement of travel except at the discretion of the relevant suppliers / villa owners. Please note that if the reason for your cancellation is covered under the terms of your insurance policy then you may be able to reclaim these charges. The insurance company is solely responsible for managing your request and in any case you are informed that insurance premiums are never reimbursed.
You can cancel your booking without paying cancellation charges if the performance of your package, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we (as the organiser under the Package Travel Regulations) will arrange for your booking to be terminated and for you to receive a full refund without any right to additional compensation. We will observe advice provided by the UK Foreign & Commonwealth Office.
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, suppliers / villa owners 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.
You must ensure that your passport is valid for the duration of the holiday. You and your party’s specific passport, visa and other immigration requirements are your responsibility and we do not accept responsibility for the validity of your passports or visas or for the refusal of visas by the issuing authorities. You should therefore confirm these with the relevant authorities, embassy or consulate in relation to any passport or visa requirements. British subjects require a passport and generally a passport must be valid for at least 6 months after the end of the holiday. We will provide information about visas and health requirements relevant to your destination. If you do not hold a valid EEC passport, please inform us at the time of booking. However, 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 shall not be liable or held responsible for any loss, expense, cost, damage, injury, loss of enjoyment or additional costs suffered as a result of any invalidity or loss, including any responsibility if you cannot travel because you have failed to comply with such requirements.
For further advice, visit the FCO website at www.fco.gov.uk.
The suppliers of the components of your villa arrangements and any other elements you book through us will have their own Suppliers Terms or conditions of carriage and you will be bound by these so far as the relevant supplier is concerned. Some of these Supplier Terms may limit or exclude liability on the part of the relevant supplier. Such Supplier Terms are available and can be provided to you upon request.
Where flights are provided, 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, although the relevant airline will have responsibility to you for denied or delayed boarding or cancellation of flights in accordance with EU Regulation 261/2004 and to pay you any applicable refunds and/or compensation.
If you have a complaint while on holiday, it is essential to make it known to the property owner or relevant supplier without undue delay 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 offices (on the contact details at the top of these Booking Conditions) without delay. If your complaint cannot be resolved locally, you must inform us and the relevant supplier by making a report and forwarding this to us at our address at the top of these Booking Conditions within 28 days of your return home. If you fail to follow this simple procedure, we may not be able to resolve your issue may not be resolved quickly or at all and this may affect your rights under your booking.
If, despite having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, you must make any relevant claims to the applicable supplier. We will assist with liaising with suppliers in this instance but we are not liable for improper performance of services provided to you, unless we are responsible as an organiser of a package we have organised for you, in accordance with the Package Travel Regulations
If you’re in difficulty whilst on holiday and ask us to help by telephone or through our website, we will provide appropriate assistance, in particular in providing information on health services, local authorities and consular assistance.
If we have sold you a package arrangement organised by us and it is impossible to ensure your return as booked with us and scheduled due to unavoidable and extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notified us of these needs at least 48 hours before the start of your holiday. Where you have booked any villa arrangements with us which are not part of a package, then we will not have any responsibility to you in respect of your travel arrangements to and/or from the villa, including your return journey home.
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.
If any part of these Booking Conditions is held to be invalid, unreasonable or unenforceable, such portion(s) shall be deemed as severable from these Booking Conditions and the remainder of these Booking Conditions shall remain in full force and effect and enforceable.