The
following conditions apply to all bookings with us.
They are here for the protection of both you and us. We
attempt to keep them as simple as possible without any
complicated legal terms, if there is anything that you need
clarifying please contact us before making your
booking.
BOOKING
CONDITIONS
The following Booking Conditions together with the General
Information contained on this website form the basis
of any contract with El Limonar
Apartments, El Limonar de Mijas Golf, P9AA, Avenida
Suiza, Mijas Costa, Malaga, Spain, 29649 . Please
read them carefully as they set out our respective rights and
obligations.
[In these Booking Conditions, “you” and “your” means all
persons named on the booking (including anyone who is added or
substituted at a later date). “We” and “us” means
El Limonar Apartments .
All bookings are made subject to these booking conditions.
1. Making your booking
Bookings can be made by completing the online booking form
accessed from this website and following the on-screen
instructions or by contacting us direct by telephone
Once we have received your booking form and booking deposit, we
will, subject to availability, confirm your stay by issuing a
confirmation invoice by email. This invoice will be sent to the
party leader. Please check this invoice carefully as soon as
you receive it. Contact us immediately if any information which
appears on the confirmation or any other document appears to be
incorrect or incomplete as it may not be possible to make
changes later. We regret we cannot accept any liability if we
are not notified of any inaccuracies in any document within 5
working days of our sending it out.
Number of persons
Only those persons whose name appears on the Booking Form may
use the property. The number of persons (adults and children)
must not exceed the number of sleeping places indicated on the
website. The substitution of persons during the rental period
is forbidden unless previously agreed
Arrivals
On arrival the you must present your confirmation details as
well as your passport or identity card to us.
2. Payment In order to confirm your stay, a
minimum deposit of 25% of the full
payment (or full payment if booking within
56 days of departure) must
be paid at the time of booking.
This deposit is not refundable in the event of your
cancellation or failure to pay on time as set out
below.
The balance of the cost of your stay must be received by us not
less than 56 days prior to
departure (or at the time of booking if this date has passed).
This date will be shown on the confirmation invoice. If you
have not paid in full and on time we reserve the right to treat
your booking as cancelled by you. In this case the cancellation
charges set out in clause 6 below will be payable.
2a Security Deposit
You must agree to a security deposit charge against
your credit card, or pay a damage waiver
charge 56 days before the
start of your stay (or at the time of booking if this date has
passed). The cost of any damage to the property or to any items
in and/or at the property caused or any service charges
incurred by you or any member of your party (for example
telephone calls) will be deducted by us from your credit card
at the end of your stay. If no deductions are required your
security deposit charge agreement will lapse
14 days after your departure
from the property. If the security deposit is not
sufficient to cover any damage caused or service charges
incurred by you, you will be responsible for paying us
any additional monies required immediately on request
from us.
3. Your contract A
binding contract between us comes into existence when the
deposit payment is paid (see clause 2 above). If you cancel
after paying the deposit our normal cancellation charges will
apply. This contract and all matters arising out of it are
governed by Spanish law. We both agree that any dispute arising
out of or connected with your holiday will be dealt with by the
Courts of Spain.
4. The cost of your
stay We reserve the right to increase or
decrease the prices of accommodation at any time. The price
of your stay will be confirmed at the time of booking,
subject to the correction of errors. We reserve the right to
correct errors in both advertised and confirmed prices. We
will do so as soon as we become aware of the error.
Please note, changes and errors occasionally occur. You must
check the price of your stay at the time of booking.
5. Changes by you
Should you wish to make any changes to your confirmed booking,
you must notify us by email as soon as possible. Whilst we will
endeavour to assist, we cannot guarantee we will be able to
meet any such requests. Where we can, an amendment fee may be
payable together with any costs incurred by ourselves.
6. Cancellation by you
Should you need to cancel your stay after the contract has
begun (see clause 3 above), the party leader must immediately
advise us either by cancelling online or advising us in
writing. Your notice of cancellation will only be effective
when we receive it in writing at our offices. As we incur costs
from the time we confirm your booking and may be unable to
re-sell your period of stay, the following cancellation charges
will be payable. Where the cancellation charge is shown as a
percentage, this is calculated on the basis of the total cost
of the booking excluding amendment charges. Amendment charges
are not refundable in the event of cancellation.
|
Period
before start of stay within which
written/email notification of cancellation
is received by us
|
Cancellation charge
|
|
more than 8 weeks
|
deposit only
|
|
less than 8 weeks
|
deposit + 20% of
balance
|
|
less than 6 weeks
|
deposit + 40% of
balance
|
|
less than 4 weeks
|
deposit + 60% of
balance
|
|
less than 2 weeks
|
deposit + 80% of
balance
|
|
less than 1 weeks
|
deposit + 100% of
balance
|
Depending on the reason for
cancellation, you may be able to reclaim these cancellation
charges (less any applicable excess) under the terms of any
insurance policy you may have. Claims must be made directly
to the insurance company concerned.
7. Insurance
It is strongly recommended that you take out adequate travel
insurance. Please read your policy details carefully. It is
your responsibility to ensure that the insurance cover you
purchase is adequate for your particular needs. Travel
insurance can be purchased separately through this link.
8. Changes and cancellation by us
Occasionally, we have to make changes to and correct errors on
our website descriptions and other details both before and
after bookings have been confirmed and cancel confirmed
bookings. Whilst we always endeavour to avoid changes and
cancellations, we must reserve the right to do so.
If we have to make a significant change to or cancel your
booking, we will tell you as soon as possible. We will
endeavour to offer you an alternative should a significant
change or cancellation occur.
We regret we cannot pay any expenses, costs or losses incurred
by you as a result of any change or cancellation
Very rarely, we may be forced by "force majeure" (see clause 9)
to change or terminate your stay after departure but before the
scheduled end of your time away. This is extremely unlikely but
if this situation does occur, we regret we will be unable to
make any refunds, pay you any compensation or meet any costs or
expenses you incur as a result.
9. Force Majeure
We regret we cannot accept liability or pay any compensation
where the performance or prompt performance of our contractual
obligations is prevented or affected by or you otherwise suffer
any damage or loss as a result of "force majeure". In these
Booking Conditions, "force majeure" means any event which we or
the supplier of the service(s) in question could not, even with
all due care, foresee or avoid. Such events may include war or
threat of war, riot, civil strife, actual or threatened
terrorist activity, industrial dispute, natural or nuclear
disaster, adverse weather conditions, fire and all similar
events outside our control.
10. Our Liability to you 10.1. We promise
to provide your accommodation with reasonable skill and care.
We do not accept responsibility if any death, personal injury,
failure or deficiency of your accommodation arrangements is not
caused by any fault of ours. When we talk about “fault” above,
this means failure by ourselves to use reasonable skill and
care in performing or providing the service in question. Please
note it is your responsibility to show that reasonable skill
and care has not been used if you wish to make a
claim.
We will not be responsible for any injury, illness, death, loss
(for example loss of enjoyment), damage, expense, cost or other
sum or claim of any description whatsoever which results from
any of the following: -
(a) the fault of the person(s) affected or any member(s) of
their party or
(b) the fault of a third party not connected with the provision
of your accommodation by us which we could not have predicted
or avoided or
(c) an event or circumstance which could not have predicted or
avoided even after taking all reasonable care (see clause
9)
In addition, we will not be responsible where you do not enjoy
your stay or suffer any problems because of a reason you did
not tell us about when you booked your stay or where any
problems you suffer did not result from any breach of our
contract or other fault of ourselves or any losses, expenses,
costs or other sum you have suffered relate to any
business.
Please note, we cannot accept responsibility for any services
that do not form part of our contract. This includes, for
example, any additional services or facilities any other
supplier agrees to provide for you.
10.2. The promises we make to you about the accommodation we
have agreed to provide or arrange as part of our contract - and
the laws and regulations of the country in which your claim or
complaint occurred - will be used as the basis for deciding
whether the accommodation in question had been properly
provided. If the particular accommodation which gave rise to
the claim or complaint complied with local laws and regulations
applicable to those accommodation at the time, the
accommodation will be treated as having been properly provided.
This will be the case even if the accommodation did not comply
with the laws and regulations of the UK which would have
applied had that accommodation been provided in the
UK.
10.3. *We limit the maximum amount we may have to pay you for
any and all claims or parts of claims which do not involve
personal injury, illness or death. Except where loss of and/or
damage to luggage or personal possessions is concerned or a
lower limitation of liability applies to your claim, the
maximum amount we will have to pay you for such non personal
injury claims if we are found liable to you on any basis is
twice the price (excluding insurance premiums and amendment
charges) paid by or on behalf of the person(s) affected in
total. This maximum amount will only be payable where
everything has gone wrong and you have not received any benefit
at all from your stay.
*Where we are found liable for loss of and/or damage to any
luggage or personal possessions (including money), the maximum
amount we will have to pay you is £35 per person affected as
you are assumed to have taken out adequate insurance at the
time of booking.
11. Complaints and problems.
In the unlikely event that you have any reason to complain or
experience any problems with your stay whilst away, you must
immediately inform us. Any verbal notification must be put in
writing and given to us as soon as possible. Until we know
about a problem or complaint, we cannot begin to resolve it.
Most problems can be dealt with quickly. For all complaints and
claims which do not involve death, personal injury or illness,
we regret we cannot accept liability if you fail to notify the
complaint or claim entirely in accordance with this
clause.
12. Behaviour. You accept responsibility
for any damage or loss caused by you or any member of your
party. Full payment for any such damage or loss must be paid
direct to us at the time. If you fail to do so, you will be
responsible for meeting any legal costs we incur in full in
recovering full payment from you.
We expect all clients to have consideration for other people.
If in our reasonable opinion or in the reasonable opinion of
any other person in authority, you or any member of your party
behaves in such a way as to cause or be likely to cause danger,
upset or distress to any third party or damage to the property,
or in any way damage the reputation and/or goodwill of the
Owner we are entitled, without prior notice, to terminate the
occupation of the person(s) concerned. In this situation, the
person(s) concerned will be required to leave the
accommodation. We will have no further responsibility toward
such person(s). No refunds will be made and we will not pay any
expenses or costs incurred as a result of the
termination.
Behaviour that may count as
unreasonable include, but is not limited to, excessive
noise, drunken, abusive or violent behaviour to other
guests, staff or residents, deliberate damage to any
property on the complex or allowing extra persons to
occupy the premises other than those that are named in the
booking contract.
13 Special requests and medical problems
If you have any special request, you must advise us at the time
of booking and clearly note it in the extra information section
of the booking form. *Although we will endeavour to meet any
reasonable requests we regret we cannot guarantee any request
will be met. Failure to meet any special request will not be a
breach of contract on our part. We regret we cannot accept any
conditional bookings, i.e. any booking which is specified to be
conditional on the fulfilment of a particular request. All such
bookings will be treated as “standard” bookings subject to the
above provisions on special requests.
If you or any member of your party has any medical problem or
disability that may affect your stay, please tell us before you
confirm your booking so that we can advise as to the
suitability of the chosen arrangements. In any event, you must
give us full details in writing at the time of booking. If we
reasonably feel unable to properly accommodate the particular
needs of the person concerned, we must reserve the right to
decline their reservation or, if full details are not given at
the time of booking, cancel when we become aware of these
details.
14. Passports, visas and health
requirements
It is your responsibility to ensure that you are in possession
of all necessary travel and health documents (including
Passports and Visas (where applicable) before departure. You
must pay all costs incurred in obtaining such documentation. If
you or any member of your party is not a British citizen or
holds a non-British passport, you must check passport and visa
requirements with the Embassy or Consulate of the country(ies)
to or through which you are intending to travel.
15. Prices and Website Accuracy Please
note, the information and prices shown on our website may have
changed by the time you come to book your stay. Whilst every
effort is made to ensure the accuracy of the website and prices
at the time of requesting the booking, regrettably errors do
occasionally occur. You must therefore ensure you check all
details of your stay (including the price) on your booking
acceptance.
Complaints procedure
In the event of any problems you must contact us immediately,
plus you undertake to do your best to resolve or minimise the
problem in order to avoid any prejudices that could result. you
must immediately get in touch with us by telephone on the day
of your arrival, confirming your complaint in writing within 24
hours by fax or by e-mail. You are obliged to give us the time
necessary to resolve the problem.
Should there be no written complaint supplied as above
specified and you leave the accommodation prematurely and
without an explicit authorisation by us, you forfeit your
rights for a refund of the rental price, unless the terms of
this contract have been breached. Complaints received at the
end of the stay will not be taken into consideration and no
refunds will be given.
Please note that the property is not an official tourist
structure, such as an hotel, residences, etc. but a private
dwelling that we manage on behalf of the owners. Being such,
there is no standard or categories that are internationally
recognised, indeed it reflects the architecture and
furnishings, the local traditions and the personal taste of the
owner. This is precisely the kind of holiday that we offer: the
chance to partake in the culture of the area chosen, living for
a few weeks in the same surroundings as an inhabitant would. We
cannot however exclude the possibility that these differences
can sometimes result in minor inconveniences - due to the
special nature of its architecture and of traditions in the
area - but which cannot be accepted as complaints.
|