Booking conditions

Last Updated March 10, 2023

A holiday rental booking (“Booking”) is made between the party accepting the above e- booking form (“Form”) (the "Client”, “You”, “Your”) AND the villa booking agent and service provider Living Villas Ltd      (“Us”, “We” or “Our”) representing the property owner (“Property Owner”) who is renting out the property specified in the Form (“Property”). Each Booking is subject to the following conditions (“Booking Conditions”):

1. BOOKING DEPOSIT

A percentage of the total holiday rental cost (“Rental Cost”) outlined in the Form (“Deposit”) must be paid by You in order to secure the Property. No obligation from the Property Owner nor Us to secure the Property for You will exist until We have received this amount in full in cleared funds and the Form is duly filled by You and recorded electronically. Should You later cancel the Booking, cancellation charges are applicable in accordance with paragraph 3 and 5 of the Booking Conditions.

2. PAYMENT OF THE BALANCE

The balance of the Rental Cost must be paid at least sixty (60) days before Your scheduled arrival at the Property ("Due Date"), unless otherwise specified in the Form. If such balance is not received by Us by the Due Date, We shall be entitled to cancel the Booking without liability and without limiting any other rights We may have, including Our right to cancellation charges and to retain the Deposit already paid. For Bookings made within sixty (60) days of Your scheduled arrival at the Property, You will be required to pay the full Rental Cost (100%) at the time of making the Booking.

3. CANCELLATION BY YOU

If You wish to cancel the Booking, You must notify us in writing by e-mail at bookings@aqualivingvillas.com. Should You wish to cancel all or any part of the Booking, or the Booking is cancelled by Us due to non-payment by You pursuant to paragraph 2 above, We shall be entitled to retain 100% of the amount already paid to Us at the time of cancellation, except for any Damage Deposit already paid by You which will be fully refunded to the bank account details provided when making the Booking.

4. CANCELLATION OR ALTERATIONS BY US

Although it is unlikely that We will have to make any changes to confirmed arrangements, it could occasionally happen, and We will notify you of any such changes as soon as reasonably practicable. If for any reason beyond Our control, We are unable to provide You with the Property You have booked, We will in the first instance see if there is a similar property in the same/similar area which We can reserve for You at no additional cost. If this is not possible or you do not wish to stay at any alternative property we propose, We will cancel the Booking and refund in full the amount paid to us for the Property, but We will not be liable for any other damages, losses, liabilities or cancellation charges suffered or incurred by You for any changes or cancellations made to You and/or Your party’s travel arrangements.

5. MINIMUM LETTING PERIOD

For weekly rates, minimum stay is 1 week (7 nights), unless otherwise specified in the Property’s minimum letting period conditions (which we will inform you of upon request). For daily rates, minimum stay is 4 nights, unless otherwise specified in the Property’s minimum letting period conditions (which we will inform you of upon request).

6. NUMBER OF GUESTS

Only the maximum number of guests outlined in the Form may occupy the Property at any time (the "Party”). If the Party is larger than as stated in the Form, then the Property Owner (or any persons on their behalf) will be entitled to demand that You and Your party vacate the Property and the Booking will be cancelled by Us without the right to receive a refund.

7. INSURANCE

It is a condition of the Booking that your Party is covered by comprehensive travel insurance including coverage against trip cancellation and medical expenses. The appropriate coverage should be purchased before or at the time of the Booking. Please contact your travel agent, travel consultant or insurance broker about this. By making the Booking, You undertake that You have in place appropriate travel insurance and confirm that no claims will be made against us.

8. ARRIVAL AND DEPARTURE TIME

Arrivals and departures are usually on Saturdays, unless otherwise agreed in writing at the time of Booking. Check-in time is from 3pm to 8pm. Check-out time is before 10am. Please contact Us as soon as reasonably possible after becoming aware of any flight or travel delays which might affect Your check-in time. We cannot guarantee early check-ins or late check- outs unless confirmed by Us in advance. For check-in and/or check-out assistance before 8am and after 10pm a fee of EUR100 may be payable locally.

9. SHORT-TERM HOLIDAY RENTAL REGISTRATION

In order to comply with the local laws of where the Property is located, You may be required to sign a "short-term holiday rental registration" (“Registration Form”) directly with the Property Owner at the time of check-in. If you do not sign the Registration Form, then the Property Owner shall be entitled to refuse entry to the Property and the Booking will be cancelled by Us without the right to receive a refund. The Registration Form shall be a separate agreement between You and the Property Owner. The Registration Form is not intended to and does not supersede these Booking Conditions which are between Us and You.

10. DAMAGE DEPOSIT

A Damage Deposit is payable for the amount specified in the Form (“Damage Deposit”), either to Us when You pay the balance of the Rental Cost or to the Property Owner at the time of check-in by providing your credit card guarantee for the full amount. If you do not sign the Registration Form, then the Property Owner shall be entitled to refuse entry to the Property and the Booking will be cancelled by Us without the right to receive a refund. The Damage Deposit is required to cover the cost of any damage to the Property or its contents and/or any unpaid bills for extra services or purchases requested during Your stay, which were not prepaid by You and/or included in Your Rental Cost.

11. DAMAGE CLAIMS

You are required to report any damages to the Property or its contents to the Property Owner or to Us without delay and to bear the cost of (a) repairing such damage; and/or (b) replacing such damaged contents (together, “Damage Costs”). In addition to this, at the end of Your stay at the Property, the Property Owner will have up to 7 days (“Review Period”) to assess the condition of the Property and if it identifies any damage which it reasonably believes was caused by You or the Party and is able to provide sufficient evidence of the same, the Property Owner shall be entitled to make a claim to receive compensation for such damage (a “Damage Claim”). You will be notified of the Damage Claim and given an opportunity to respond. If You agree to pay, You authorise Us to deduct from the Damage Deposit an amount required to compensate the Property Owner for the Damage Costs. If You and the Property Owner cannot resolve the Damage Claim, You agree that We may review the evidence provided and make a determination of the Damage Claim and where applicable deduct the relevant amount from the Damage Deposit to compensate the Property Owner for the Damage Costs. At the end of the Review Period, the residual amount of the Damage Deposit (if any) shall be refunded to You no later than 15 days after expiry of the Review Period using the bank account details provided when paying for the Damage Deposit.

12. COMPLAINTS

We have visited and checked each Property. The descriptions displayed on Our website are, to the best of Our knowledge, accurate and made in good faith. However, we shall not be responsible for any modifications made to the Property by the Property Owners without Our knowledge. We also do not accept any responsibility for the shortage of water supply, gas or electricity or other energy supply, nor for the breakdown of the swimming pool filtration system. If You have any problems during Your stay which cannot be resolved by dealing directly with the Property Owner, You should contact Us immediately. We shall use all reasonable endeavours to assist You and solve any such problems as soon as reasonably possible. If you wish to lodge a complaint You must do so during Your stay at the Property. We request that, wherever possible you provide evidence to support Your complaints. We take all complaints seriously and will review all evidence provided. Where We determine, under consideration of the evidence provided and any other appropriate considerations, that the complaint is legitimate and has an impact on Your stay at the Property, We will endeavour to obtain appropriate compensation from the Property Owner for You provided that We shall not be liable for any such loss or damage You may suffer as a result of Your stay at the Property.

13. RESPONSIBILITY AND BEHAVIOUR

By accepting the Form and agreeing to the Booking Conditions You agree that You are responsible for Your own acts and omissions and that of the Party and anyone you invite to join or provide access to the Property. This means (i) You are responsible for leaving the Property (and its contents) in the condition it was in when You arrived; (ii) You are responsible for paying all amounts necessary to cover damage that You or the Party cause at the Property; (iii) You are required to follow any ‘house-rules’ provided by the Property Owner from time to time; and (iv) You must comply with applicable laws at all times. You also agree to always behave respectfully towards the Property Owner (and its representatives), the Property and its contents. Should You or any member of your Party behaves disrespectfully, the Property Owner has the right to ask all guests to vacate the Property immediately without the right to receive any refund.

14. ENTERTAINING AT THE PROPERTY

Entertainment parties and functions involving a larger amount of invitees exceeding the maximum number of guests outlined in the Form and the rental/installation/use of equipment such as DJ platforms, speakers, lighting systems and similar are strictly prohibited unless fully approved by the Property Owner in advance and in writing and notified to Us (venue fees may apply). Should you make an unauthorized use of the Property in such a way, the Property Owner has the right to ask all guests to vacate the Property immediately without the right to receive any refund.

15. GUEST INJURY DISCLAIMER

To the extent permitted by law, neither the Property Owner nor Us can be held responsible for any accident or injuries occurred to all guests during their stay at the Property under any circumstances.

16. CHILDREN POLICIES

Children are generally accepted in the Property. However, some Property Owners apply certain child age restriction policy. It is Your duty to notify Us if there will be any children (and their exact age) in the Party before finalising the Booking.

17. PETS

Pets are generally not accepted in the Property. If You want to bring a pet, please check with Us before finalising the Booking so that we can seek prior written authorisation from the Property Owner. If authorisation is given, we reserve the right to increase the Damage Deposit required from You.

18. SWIMMING POOL

The swimming pool, when available, will be kept clean and operational by the Property staff. If Your rental period is before 01 June or after 01 October, please check with Us if the swimming pool is operational. The Property Owner may, at is discretion, provide pool towels or beach towels for guests use. Swimming pools which are capable of being heated are heated upon request and at extra cost, please contact Us for further details / costs.

19. SERVICES INCLUDED WITH THE PROPERTY

The Form specifies which services are included with the Property. These services are provided by the Property Owner. Any services not referenced in the Form are subject to availability and additional charges.

20. SERVICES INCLUDED WITH PREMIUM OR LUXURY PACKAGES

The Form specifies which services are included as part of a premium or luxury package purchased with Us. These services are provided by Our trusted third-party suppliers and You may be required to accept their terms of service before being able to benefit from such services. Any services not referenced in the Form are subject to availability and additional charges.

21. ANY EXTRA SERVICES (BOOKED WITH US)

In addition to the package selected, You may request to book some extra services not included in the packages which We can arrange for You. These services are provided by Our trusted third-party suppliers and You may be required to accept their terms of service before being able to benefit from such services. The cost for such services will be shown as EXTRA SERVICES in the payment schedule in the Form and the description of the services will be shown as well in the section SERVICES INCLUDED as EXTRA SERVICES. Any services not referenced in the Form are subject to availability and additional charges.

22. WATER AND ELECTRICITY

Please note that the Property may be located on a small island with severe problems of drought or limited access to energy supplies. Therefore, water must be used sparingly during the summer months and in accordance with any restrictions set by the Property’s water supplier. If You experience a shortage of water, We will do everything We can in time to re- establish its supply. Electricity can also be disrupted, normally for a short period of time. However, We are not liable and cannot be held responsible for any inconvenience created by events beyond our control.

23. INTERNET SERVICE

Unless specified otherwise, the Property may not have telephone or Internet services. In this case, We strongly recommend to travel with at least one mobile phone with open roaming service. When internet service is provided at the Property, We cannot guarantee the connection speed or capabilities of the internet or whether We will be able to re-establish the connection in case of a technical problem beyond Our control, such as a faulty line from the local telephone company. Internet connection at the Property may be subject to additional charges. Any such additional charges must be paid locally directly to the Property Owner.

24. PHOTOGRAPHY

Photographs or videos taken at the Property cannot be used or sold for profit or commercial activities without prior written authorisation from Us and from the Property Owner.

25. SMOKING

Indoor smoking is strictly prohibited in the Property. Should You or a member of Your Party breach this rule, or should any upholstery or other furnishings be found damaged by smoking anywhere. We reserve the right to charge a minimum fee of EUR500 for cleaning the environment and/or replace its contents.

26. VALUABLES AND SECURITY

Valuables left at the Property are at Your own risk. Neither Us nor the Property Owner (or its representatives) can be held responsible for their loss, misplacement or theft at any time. Should the security of Your valuables be a concern to You, please contact Our local concierge who will, subject to availability, be able to arrange extra security service from a local specialized provider (at extra charge).

27. FORCE-MAJEURE

Neither We (along with Our affiliates) nor the Property Owner shall be liable for any default or delay in the performance of its responsibilities under the Booking Conditions if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, drought, ocean phenomena, elements of nature or acts of God, riots, strikes, civil disorders, quarantine restrictions, epidemics, pandemics, or any other cause beyond the reasonable control of such party.

28. LIABILITY

Our total liability to You in connection with the Booking or the Booking Conditions, including, but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise, shall not exceed the total Rental Cost paid by You for the Booking.

29. ACCEPTANCE

Whilst We shall use reasonable endeavours to ensure that You accept this Conditions through electronic means by ticking a box or performing any other clear affirmative action which shows acceptance of the Conditions, if for any reason the You are able to complete Bookings without performing any such action, You shall be deemed to have accepted the Conditions when You make a Booking with Us.

30. GENERAL

We can transfer the Conditions with you, so that a different organisation is responsible for supplying your service. You can only transfer your contract with us to someone else if we agree to this. This contract is between you and us. Nobody else can enforce it and neither of us will need to ask anybody else to sign-off on ending or changing it. If a court or other authority decides that some of these terms are unlawful, the rest will continue to apply. We might not immediately chase you for not doing something (like paying) or for doing something you're not allowed to, but that doesn’t mean we can't do it later.

31. PROPERTY SPECIAL CONDITIONS

The Form may contain special booking conditions for the specific Property You decide to book which shall apply to the Booking (“Property Special Conditions"). Where there is any inconsistency or conflict between any of the provisions of the Booking Conditions and the Property Special Conditions, the provisions in the Property Special Conditions shall prevail.

32. LAW & JURISDICTION

Any dispute or claim arising out of or in connection with the Booking Conditions (including the Booking) shall be governed by and construed in accordance with the law of England and Wales. If You live in the United Kingdom or any country in the European Union, You are always entitled to any mandatory consumer protections applicable in the country where You live. The parties agree that the courts of the territory where the Property is located shall have non- exclusive jurisdiction over any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Booking Conditions (including the Booking) or is subject matter or formation.

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