Haynes Villas Luxury Holiday Accommodation - Holiday property for rent near Puerto Banus & Marbella, Spain

Stay in a Haynes Villa and enjoy Puerto Banus, Marbella and what they have to offer.

HAYNES VILLAS TERMS & CONDITIONS

In these conditions the word "Organiser" means Haynes Villas and Haynes Developments Limited, the entity that owns and rents you your holiday accommodation. "Consumer" means you, the person agrees to rent the holiday accommodation or any person on whose behalf you agree to rent the accommodation and who is listed on the booking form or any other person to whom you transfer accommodation you have rented.

1. The Contract

(a) No contract shall arise until the Consumer has completed our booking process, paid the deposit, or the Organiser has received full payment of the accommodation and the Organiser has issued written confirmation of its acceptance to the Consumer. The terms of contract are contained solely in the Organiser's confirmation, the Organiser's booking form or other descriptive material.

(b) The Organiser reserves the right to terminate the contract if the behaviour or conduct of a Consumer either prior to or during a holiday is likely to endanger the safety or well being of other Consumers in his company or that of the Consumer himself and the cancellation charges as provided for in Clause 3 of these booking conditions are payable by the consumer. If your actions or those of any member of your party cause damage to the accommodation in which you are staying you agree to fully indemnify the Organiser where against any claim (including legal costs) made against the Organiser in relation to the occurrence of such incidents.

2. Disabled Persons

Please advise Haynes Developments Ltd of any physical or mental condition of a member of a party that may be relevant. Haynes Developments Ltd will endeavour at all times to facilitate requests for disabled persons to the best of our ability, however we cannot guarantee this.

3. Payment

The rental of accommodation must be paid for in full 10 weeks before the scheduled date of departure. If it is not paid by that date, the Organiser shall have the option to cancel the holiday. If the Organiser exercises that option or if the Consumer cancels the accommodation (which cancellation must be notified in writing to the Organiser) the following cancellation charges are payable by the consumer: - More than 8 weeks before the departure date, any deposit shall be forfeited. Within 8-6 weeks of departure 50% of the cost of the holiday accommodation is forfeited. Within 6-4 weeks of departure 75% of the cost of the holiday accommodation is forfeited. Within 4 weeks before departure 100% of the cost of the holiday accommodation is forfeited. All cancellation charges apply to each person covered by a booking.

4. Substitution

(a) Where the Consumer is prevented from proceeding with the holiday accommodation, he may transfer his booking, having first given the Organiser 4 weeks notice in writing of his intention to do so before the departure date. The transferee of the Consumer must sign a booking form and comply with the terms and conditions contained in these Booking Conditions and any other requirements of the Organiser applicable to the holiday accommodation.

(b) A Consumer who transfers a holiday accommodation booking shall be jointly and severally liable with the transferee to the Organiser for payment of any balance due in respect of accommodation and for a substitution fee of £50.00 substituted.

5. Alteration by the Consumer

If after acceptance by the Organiser a Consumer wishes to alter the accommodation, the Organiser may do so at its discretion, if practicable, to facilitate that change. A request for alteration sent to Haynes Developments Ltd and will be subject to a payment of £50.00. This fee is non refundable.

6. Special Requests

The Organiser shall use reasonable endeavours to fulfil such requests. The granting of such requests is the sole responsibility of the Holiday property for rent management company locally. No guarantee is given to the consumer as to such special requests being fulfilled. No liability shall attach to the Organiser for failure to comply with a special request and such requests do not form part of the contract.

7. Alteration/Cancellation by the Organiser

Without prejudice to the consumers’ statutory rights:

(a) The Organiser reserves the right to alter, change, curtail or cancel a holiday accommodation on the following terms; a.1) As a consequence of "force majeure" (as hereinafter defined in subparagraph (b) of this clause), the Organiser is obliged to curtail, alter, extend or cancel holiday accommodation the consumer shall not be at liberty to maintain a claim for compensation or otherwise for any loss arising as a consequence of the said curtailment, alteration, extension or cancellation of the holiday accommodation. The organiser is not liable for any loss, damage, injury, claim or action arising out of such force majeure, or such curtailment, alteration, extension or cancellation of the holiday accommodation. a.2) If prior to the time of departure there is a cancellation, or a major change, such as a change of resort area, or a change of accommodation the Organiser shall, if practical, offer an alternative comparable holiday accommodation of at least similar standard or shall refund the consumer all monies paid. Unless within 7 days of issue of the offer of an alternative holiday accommodation the Consumer in writing accepts it, the Organiser shall assume that the Consumer has declined such offer and the Consumer shall only be entitled to return of the payment made.

(b) In this booking form, the term "force majeure" means Acts of God, natural disasters, and adverse weather conditions. Fire or other destruction of any vessel, craft or vehicle to be used in connection with a holiday, riots, acts of war, civil commotion, exercise of legislative, municipal, military or other authority, strikes industrial action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service supplier connected with a holiday, fraud perpetrated against the Organiser or any other reason beyond the control of the Organiser.

8. Insurance

We, the Organiser, strongly advise that you take out an insurance scheme that provides the Consumer with his or her desired level of cover. All claims made against the insurance policy shall be made directly to the insurer. The Consumer shall be responsible for making any special or increased insurance arrangements that he deems necessary.

9. Default by the Consumer

(a) The Consumer shall check that details of holiday accommodation provided by email are accurate. If the Consumer considers any information to be incorrect or has any query in relation to the contents he must notify the Organiser immediately of his concern and the Organiser shall respond as soon as possible.

(b) The Consumer hereby agrees that he/she shall abide by all instructions or directions given by a member of the Organisers staff used in connection with the holiday accommodation and hereby agrees to indemnify the Organiser against any loss or injury suffered or incurred by any other person as a consequence of the Consumers failure to act in accordance with any such direction or instruction.

10. Complaints

Haynes Developments Ltd will try to rectify any complaints that you may have on the spot, therefore, please give us a chance to alleviate any problems by lodging your grievance with our local representative at the time. Complaints, which are not registered in the resort when they arise, will not be entertained on returning home. Complaints made after the holiday must be made within 07 days and in writing. The Consumer shall be obliged to notify the Organiser in writing of any complaint within 7 days following your return. Complaints received after this period cannot be entertained.

11. Liability

The Organiser shall not be liable for any damage caused to the Consumer by the failure to perform the contract or the improper performance of the contract where the failure or the improper performance is due neither to any fault of the Organiser or Retailer acting on the Organiser's behalf nor to that of another supplier of services because:

(i) the failures which occur in the performance of the contract are attributable to the Consumer;

(ii) such failures are attributable to a third party unconnected with the provision of the services contracted for, and are unforeseen or unavoidable; or

(iii) such failures are due to (a) unusual and unforeseeable circumstances beyond the control of the Organiser or other supplier of services, the consequences of which could not have been avoided even if all due care had been exercised; or (b) an event which the Organiser, the Retailer acting on his behalf or the supplier of the services, even with all due care, could not foresee or forestall.

12. Governing Law

The contract arising from any confirmed holiday booking is to be interpreted under and is subject to the laws of the United Kingdom. Management company details; Haynes Developments Ltd, registered in England No: 810705

13. Noise /Location Problems

The Consumer acknowledges and agrees that the behaviour of other holidaymakers is a matter outside the control of the Organiser. Haynes Developments Ltd is not liable for any disruption, inconvenience, disturbance or diminution of enjoyment of the Consumers holiday arising from the misbehaviour of other holidaymakers. Nor will the organiser be held accountable if, for whatever reasons, the client is disappointed with the location or type of resort.

14. Pricing

Prices may change from time to time and we reserve the right to increase or decrease our pricing at our discretion. Quoted prices are valid for 14 days from date of issue. Once the booking has been confirmed via the provision of the completed booking form(s) and cleared payment of the deposit, the rate is fixed.