Definitions | Fair Trading Agreement | Payment | Supplementary Charges | Special Requests | Property Occupancy | Rental Period and Security Form | Property Security | Property Cleanliness and Repair | Transfer of Bookings | Security Deposit | Holiday Insurance | Changes/Cancellations made by You | Changes/Cancellations made by Us | Travel Agents | Our Liability | Complaints | Law and Jurisdiction | Prices and Services | Data Protection | Financial Protection
Definitions
‘We’ or ‘Us’ or ‘Our’ as the context requires means Fortuna Travel International Limited, trading as Dominique’s Villas at The Plough Brewery, 516 Wandsworth Road, London SW8 3JX. Company Registration Number: 2028568.
‘You’ or ‘Your’ as the context requires means the person booking a Holiday with Us and includes any other person or persons in Your party.
‘Owner’ means the Owners of the Property or their local representative who may act as keyholder and caretaker, or a local agent.
‘Holiday’ means the period in which You rent a Property through Us.
‘Property’ means any private rental accommodation rented through Us, its buildings, grounds, and, where applicable, swimming pool and tennis court.
‘Option’ means that You have made a provisional booking of the Property that You wish to rent and We have agreed to reserve it for Your Holiday until You pay Us in accordance with Our payment terms set out in section 1 below.
‘Security Deposit’ means the credit card pre-authorization given against any loss or damage You cause to the Property and/or its contents, or unpaid local charges You incur during Your Holiday.
‘Security Form’, known in France as ‘état des lieux’, means the form by which You confirm the condition and cleanliness of the Property on arrival and departure.
‘Maximum Occupancy’ means the highest number of adults and children permitted to reside at any one time at the Property during Your Holiday.
‘Important Information’ means detailed information relating to the Property and Your Holiday sent to You by Us that forms part of the Booking Conditions.
‘Confirmation Invoice’ means the invoice relating to Your Holiday at the Property that acknowledges receipt of monies paid by You to Us and, where applicable, the date whereby You must pay the balance due.
‘Force Majeure’ means unusual and unforeseeable circumstances, the consequences of which neither We nor Our suppliers could avoid, including but not limited to war, threat of war, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire or adverse weather conditions, level of water in rivers or other similar events beyond Our control.
Fair Trading Commitment
In the unlikely event that You believe You have any cause for complaint, We will use all reasonable commercial endeavours to resolve Your concerns to Your satisfaction. Our Booking Conditions are designed to make that process as straightforward as possible. In confirming Your booking, You warrant that You have read carefully and understand the Booking Conditions, which form the basis of the contract between You and Us. The Booking Conditions state certain obligations that We have to You and You have to Us.
In particular, Your attention is drawn to Your obligation to notify Us immediately of any serious complaint, as set out in section 15 below.
1. Payment
Deposit To confirm a provisional booking You must complete Our booking form and return it to Us together with a deposit of 25% of the price of the Holiday. If a booking is made fewer than 8 weeks before the departure date, full payment is required at the time of booking.
Balance We must receive from You the balance of the total shown on the Confirmation Invoice no later than 8 weeks before the start of Your rental period unless We are already in receipt of Your written cancellation notice. A 2% charge will be made in respect of all monies paid to Us by credit card. This does not apply to payments made to Us by debit card.
Contract The contract made between You and Us comes into force when We receive both Your deposit (or full payment if Your booking is made within 8 weeks of departure) and Your completed booking form (by post, fax or via Our website), and until such time We shall be under no liability to You whatsoever.
Late Payment If We do not receive payment for Your Holiday on or before the date indicated on the Confirmation Invoice, We reserve the right to cancel Your Holiday and to retain, as the case may be, any deposit and insurance premiums already paid. A charge of 2% per calendar month of any amount owing may be made at Our discretion on each and any late payment.
2. Supplementary Charges
Supplementary charges (including but not limited to the use of a land line telephone, domestic help, heating, air-conditioning, and other local costs) must be paid directly to the Owner prior to Your departure from the Property, unless otherwise stated in our Confirmation Invoice. If any supplementary charges are not paid before Your departure from the Property, they will be debited from Your Security Deposit.
3. Special Requests
You must notify Us of any special requests at the time of booking. We will inform the applicable supplier but We cannot guarantee that these will be met. If You consider a particular request to be an essential pre-condition of Your booking, You must state this clearly in writing so that We can advise You if We are unable to comply.
4. Property Occupancy
The Maximum Occupancy must not be exceeded except by Our prior written agreement. Additional infants may be possible on request. We reserve the right of immediate eviction from the Property if You exceed the Maximum Occupancy without Our prior knowledge and written consent, or, at Our absolute discretion, to exclude any additional persons from the Property or to make a supplementary charge. Camping is not permitted under any circumstances in the grounds of the Property.
5. Rental Period and Security Form
You must arrive at the Property on the scheduled arrival date between 16:00 hours and 19:00 hours, unless a different time or date has been previously agreed by Us in writing. If You arrive late on the arrival date or arrive on a later date, access to the Property is not guaranteed and a charge for meeting You may be made, at the Owner’s discretion. If access to the Property cannot be arranged because of Your late arrival, You will be obliged to arrange and pay for Your temporary alternative accommodation. Upon Your arrival You agree to make an inspection with the Owner and to sign the Security Form, noting as applicable any shortcomings in the Property. On the departure date You agree to make a further inspection with the Owner and again to sign the Security Form, noting as applicable the Property’s cleanliness and any damage and breakages. You must vacate the Property by 10:00 hours and return all the keys to the Property to the keyholder.
6. Property Security
The Property must be secured by locking all external doors and boundary gates and closing all windows and shutters when it is not occupied, and by locking all external doors and boundary gates and closing all ground floor shutters at night. You will be liable for any loss or damage arising out of Your failure to secure the Property.
7. Property Cleanliness and Repair
You must take good care of and respect the Property and report as soon as they occur any defects in its equipment and facilities, and leave it in a good state of cleanliness. In particular, You agree to clean thoroughly any item that has had substantial usage during Your Holiday, including but not limited to ovens, grills, and refrigerators. We reserve the right of immediate eviction from the Property if any serious abuse of the Property takes place.
8. Transfer of Bookings
If You are unavoidably prevented from travelling, You may transfer Your booking up to 30 days before the date of departure to a third party provided they accept in writing the Booking Conditions that apply to Your Holiday and make any outstanding payments to Us by the due date. Your entitlement to such transfer is subject to payment to Us of an administration fee of £100 and Our retention of the cost of any insurance arranged by Us and any other non-recoverable charges relating to Your Holiday.
9. Security Deposit
At the time of booking Your Holiday, You must give Us debit or credit card authorization to debit Your card up to the limit of Your Security Deposit for the Property to cover any loss (such as breakages) or unpaid charges (such as linen, cleaning or heating) arising out of Your Holiday.
10. Holiday Insurance
You warrant that You have or will take out holiday insurance at least equivalent to that offered on Our website and that it covers all members of Your party for the duration of Your Holiday.
11. Changes/Cancellations made by You
If You wish to cancel Your Holiday once a deposit or a full balance has been paid, We require notice of cancellation (by recorded delivery letter, fax or email) from the person who made the booking. No cancellation will be deemed to have taken effect until such notice has been received and acknowledged in writing by Us. We reserve the right to make the following cancellation charges:
Notice Period Cancellation charge
More than 56 days Deposit + insurance premium
43 to 56 days 30% + insurance premium
32 to 42 days 40% + insurance premium
0 to 31 days 100%
In the case of a cancellation taking place within 31 days of departure, the cancellation charge will be reduced to 50% if the Property is re-let for the full cancelled period. If the reason for cancellation falls within the categories covered by Your insurance policy, You agree to make a claim directly to the insurance company. Your insurance premium is not refundable in the event of cancellation. The cancellation charges stated above will also apply if You wish to change Your rental dates and/or book a different Property but if these amendments are requested more than 8 weeks before departure, and We are able to re-let the Property, Your deposit (less an administrative charge of £200) will be credited to Your new booking.
12. Changes/Cancellations made by Us
(a) We reserve the right to make changes to Your Holiday after We have confirmed Your booking, and if We do so, We will use all reasonable commercial endeavours to inform You as soon as possible and to make suitable alternative arrangements.
(b) If We are obliged to cancel Your booking through Force Majeure or for any other reason outside Our control, We will offer You alternative suitable accommodation, subject to availability. If the proposed property costs less than the price of the original Holiday, You will be reimbursed the difference. If the proposed property costs more, We will not charge You the difference. If You do not accept one of the properties offered to You and instead select another available property from Our programme, if the proposed property costs more, You will be required to pay the difference.
13. Travel Agents
If You book with Us via a Travel Agent, all communication with Us regardless of its nature must take place via the Travel Agent unless or until We advise You otherwise in writing. Any monies paid to Your Travel Agent in respect of Your Holiday are held by the Travel Agent on Your behalf until We issue a Confirmation Invoice. Thereafter, any such monies are held by the Travel Agent on Our behalf.
14. Our Liability
(a) Our obligation and that of Our Owners providing Your Holiday accommodation is to take reasonable skill and care in the provision of such services.
(b) We act as Agents of the Owners who are obliged under the terms of the contract with Us to take out and maintain adequate liability insurance.
(c) You agree that except in respect of claims for personal injury or death which ought to be made against the Owner, the maximum amount of compensation payable to You shall be a refund of the cost (excluding any insurance premiums and amendment charges) of Your Holiday, a refund of any directly attributable expenses subject to the provision of original receipts, and a payment of £50 for each member of Your party for each full 24 hour period affected.
(d) You agree that any sums received by You from Our Owners as compensation shall be deducted from any sum payable to You as compensation by Us.
(e) You agree to cooperate fully with Us at Our expense in the pursuit of any claim We elect to make against a third party in relation to Your complaint.
15. Complaints
You are obliged under the terms of this contract to make every reasonable effort immediately to mitigate any loss or inconvenience You believe You may have suffered, by giving Us every opportunity to put right any perceived problem.
Your complaint must be referred to the Owner and to Us to give Us and Our Owners an opportunity to resolve any problems as soon as possible. If You do not receive a satisfactory response locally within 24 hours, or if You consider the problem to be serious, You must contact Our London office immediately. Outside normal business hours, a message that enables Us to contact You must be left with Our 24hr answering service. An emergency mobile telephone number will be given to You prior to departure for use on Saturdays after 18:00 hours and on Sundays. Depending on the nature of Your complaint, We will endeavour to solve Your perceived problem as quickly as possible or in exceptional circumstances, if applicable, to find alternative accommodation for You. If You remain dissatisfied with some aspect of Your Holiday to the extent that You wish to make a claim for compensation upon Your return home, Your complaint must be made in writing within 56 days and accompanied by a letter from the person who made the booking. You agree that Your failure to follow this procedure may reduce or extinguish any rights You may have to make a claim. Written complaints will be acknowledged within 14 days of receipt and a full reply will be sent to You within 28 days. We will endeavour to achieve a final resolution of any outstanding queries within 42 days of receiving the original letter of complaint.
If any member of Your party including the person who made the booking becomes ill while on Holiday, they must, in addition to reporting the illness to the Owner, consult a local doctor and consult their GP immediately on their return home. Should You wish to make a complaint against Us as a result of such illness, You must provide Us with details of both the local doctor consulted and the GP, together with written authority from the individual concerned (or in the case of a minor, from their parent or guardian) for Us to obtain a medical report from each of these doctors.
You agree not to hold Us responsible for the appearance of mice, ants, bats or other insects and animals at or in the Property, which is not unusual in the countryside and may occur in any rural environment.
While We will make all reasonable commercial endeavours to ensure a speedy resolution, You agree not to hold Us responsible for mechanical failure or climatic conditions affecting swimming pool heating or water quality.
16. Law and Jurisdiction
Your contract with Us and any matters arising from it shall be subject to the jurisdiction of the Courts of England and Wales.
17. Data Protection
We will provide Your personal information, which for the avoidance of doubt includes any such information given to Us about any member of Your party to Owners who may be located outside the UK, to enable the provision of the services requested by You. If You make special requests, which include, but are not limited to, dietary, religious, or disability related requirements that constitute sensitive information, You agree that such data may also be passed on to the applicable suppliers by Us to enable the provision of the services requested by You.
18. Prices and Services
We reserve the right to change any of the prices, services, or other particulars contained on Our website at any time before We enter into a contract with You and to use all reasonable commercial endeavours to notify You of any material change between the time You take out an Option with Us and You enter into such a contract. For the avoidance of doubt, changes that occur in respect of furnishings or pool areas such as but not limited to a pool fence shall not constitute a material change.
19. Financial Protection
We maintain insurance with International Passenger Protection Limited (IPP) to protect monies paid by You in the event of Our insolvency. The policy ensures that You are fully protected for the initial deposit and subsequently for the balance of all monies paid to Us. A policy certificate confirming this cover will be sent to You with the Confirmation Invoice. IPP is authorized and regulated by the Financial Services Authority.
Tel: 00 44 (0)20 7738 8772 Fax: 00 44 (0) 20 7498 6014 Email info@dominiquesvillas.co.uk
The best selection of beautiful villas and châteaux with private pools all over France
Disclaimer - Privacy policy Copyright © 2005-2010 Dominique's Villas - All rights reserved