1.1 The contract is for a short-term holiday letting and is made between the Client (you) and TrustClub Limited trading as SPL Villas (SPL) acting as agent or sub agent on behalf of the property Owner (principal). SPL are not acting as an agent for you.
1.2 The contract will be entered into when SPL issues the confirmation of booking by email and the Client makes a payment of either a deposit or the full amount as appropriate. The contract that you are entering into is with the principal and you will be bound by their terms and conditions. SPL will send you these terms and conditions at the time of booking. SPL take no responsibility for the provision of accommodation by the principal with whom you have entered into a contract with via SPL.
1.3 The Client who makes the booking and payment does so on behalf of the Client and all members of the Client’s party and the booking is confirmation of the Client’s and the Client’s party’s understanding and acceptance of these terms and conditions.
1.4 If you have any dispute with SPL in respect of any booking or our actions as agent then we both agree this will be dealt with by the Courts of England and Wales.
2.1 Subject to 2.5 below all bookings are subject to a 30% non-refundable booking deposit (unless otherwise stated at time of booking). An invoice for the full Rental Charge will be issued when SPL confirms the booking details and a final invoice acknowledging full settlement will be issued prior to the holiday arrival date. The full balance is due 10 weeks prior to your holiday arrival date.
2.2 The rental charge is only fixed when the holiday is confirmed. Prices shown on the website or quoted by our staff are only a guide and SPL reserves the right to adjust prices for new bookings as it sees fit.
2.3 When appropriate the VAT on the services element of the charge will be included in the invoice total.
2.4 If the Client does not pay any invoiced amount by the due date the contract shall be deemed to be cancelled by the Client and any monies already paid shall be forfeited.
2.5 In the case of booking made less than 10 weeks before the holiday arrival date the rental charge is payable in full on booking. The booking date is therefore the due date for full payment.
2.6 When paying by bank transfer the Client must allow for bank processing time as SPL will only recognise settlement when funds are cleared. The Client must pay any charges levied by the remitting and receiving banks.
2.7 When you pay for your accommodation by credit or debit card, no surcharge is payable except where you pay for your booking using a commercial debit or credit card. In these circumstances, we reserve the right to levy a 2.0% handling charge for each payment made by these means.
2.8 When purchasing a villa holiday with SPL, using a credit card gives you the benefit of protection under section 75 of the Consumer Credit Act. The protection applies even if you have only made a deposit payment with your credit card. SPL will offer you this method of payment for your deposit and will then provide details for a bank transfer to be made for the final balance payment.
3.1 Any cancellation made by the Client for whatever reason shall be in writing via email or posted to SPL at its business address. If via email it must come from the Client’s email address.
3.2 If SPL receives a cancellation, then all monies paid are forfeited.
- HOLIDAY/CANCELLATION INSURANCE
4.1 It is the Client’s responsibility to arrange adequate holiday insurance for the Client and all members of the Client’s party.
4.2 This responsibility shall include insuring the Client’s and the Client’s party’s own possessions during the holiday including when they are on or in the contracted property.
5.1 In the unlikely event that the property becomes unavailable following confirmation of the booking or changes are necessary to the booking for reasons outside the control of SPL or the Owner, SPL undertakes to notify the Client as soon as reasonably possible and may offer alternative accommodation of a similar type and standard in a similar location for the holiday week(s) subject to any necessary price adjustments.
5.2 If it is not possible to arrange alternative accommodation or if the Client does not wish to accept the alternative accommodation the booking will be cancelled with a full refund of all accommodation monies paid, less any credit card administration charge and neither SPL nor the property Owner shall have any further obligation or liability for non-availability changes or cancellation as referred to in this condition.
- CONSTRUCTION WORK
6.1 Prior to the holiday if SPL is aware of planned construction work in the immediate vicinity of your property which in our opinion would severely affect the enjoyment of your holiday we will treat it as a case of non-availability and clauses 5.1 and 5.2 above will apply.
6.2 Whilst on holiday if SPL becomes aware of the commencement of construction which affects the enjoyment of your holiday our local staff will try to have the work stopped. If this is not possible SPL will not have any liability for disturbance or impairment of your holiday or any other effect of or loss resulting from the construction.
- LETTING PERIOD
7.1 Unless otherwise notified on your travel documents sent, the letting commences at 4:00pm on the day of arrival and ends at 10:00am on the day of departure.
- NUMBER OF OCCUPANTS
8.1 The Client’s party occupying the property must not include anyone not named in the confirmed booking details. SPL and/or the Owners reserves the right to refuse entry to the property by the Client and all members of the Client’s party if this requirement is not observed.
8.2 The minimum age for the party leader is 21.
8.3 SPL reserves the right to refuse any party bookings which it reasonably believes may lead to undue disturbance to neighbours.
9.1 The vast majority of holidays are a great success but things can go wrong from time to time and it is essential to discuss any problems with the local management or representative all of whom are committed to ensuring the success of your holiday. Regrettably we cannot accept any complaints where the Client has not made reasonable attempts to bring to the attention of local staff.
9.2 Any complaints not resolved locally must be confirmed in writing to SPL within 28 days of your return. If the complaint is via email it must come from the Client’s email address.
- CARE OF THE PROPERTY
10.1 The Client shall take reasonable and proper care of the property and its contents and leave it and them in the same state of repair and condition and in the same clean and tidy condition at the end of the holiday week(s) as at the beginning.
10.2 The Client and all members of the Client’s party shall not do or permit anything which may be a nuisance or cause damage or annoyance to any adjoining or neighbouring owner or occupier and in particular shall not make excessive or unreasonable noise in or around the property. Serious or persistent breach of this clause
10.2 shall entitle the Owner or SPL on behalf of the Owner to terminate the letting early without compensation.
10.3 The Client is liable to reimburse the property Owner (through the Owner’s agent SPL) on demand for all costs incurred in replacement, repair or otherwise where the Client or any member of the Client’s party is in breach of clause 10.2 or any requirements.
10.4 Payment for damage/breakages. We rely on the Client’s honestly to report and pay during occupancy for any damage or breakages caused during the period of occupation. In all cases we reserve the right to charge for damage or breakage whether or not reported or found before departure in accordance with each Owner’s requirements. (Some Owner’s may require a refundable security deposit for damage or breakages and details will be found with the individual Booking documentation).
- RIGHT OF ENTRY
11.1 The Owner or the Owner’s representative shall have a right of entry to the property at all reasonable times for purposes of inspection or to carry out and necessary repairs or maintenance but (except in case of emergency) will endeavour to make a prior arrangement with the Client.
12.1 Neither SPL nor the property Owner nor their employees, servants and agents shall have any liability to the Client or any member of the Client’s party for any accident, loss, injury, damage, expense or inconvenience which may be suffered, incurred, arise out of or be in any way connected with the letting unless caused by their negligence or breach of contract when such liability shall be limited to the person so negligent or in breach.
12.2 Nothing in this contract shall create any rights for third parties under the Contracts (Rights of Third parties) Act 1999.
12.3 SPL will not be liable for the loss, damage or expense arising from cancellation or change to the booking details as a result of war, riots, civil commotion, strikes or other industrial action, disasters, terrorist activities, acts of God, acts of government or local authorities or of any other event outside the control of SPL.
- VERBAL INFORMATION
13.1 SPL does not warrant and is not responsible for the accuracy of any verbal information given or statements made by their employees, servants or agents.
- PRICING ERRORS
In rare circumstances, prices may be input incorrectly into our booking system or websites. In these instances, any contract that is entered into will become null and void. In these unlikely circumstances, we will offer you cancellation with a full refund or the opportunity to pay the correct price.
- FINANCIAL PROTECTION
When you book a holiday with SPL Villas, you automatically receive financial protection from NextPath Ltd, an independent, 3rd party guarantor. In the unlikely event that SPL Villas, or any of our overseas partners, become insolvent, NextPath Ltd will refund any monies that you have paid towards your accommodation.
17.1 If after you have booked your holiday, you are unable to travel due to your personal destination, or the destination that you are travelling to, being in lockdown (on the red list of the government traffic light system), 7 days prior to your holiday commencing, we will contact you via the lead email address on your booking to discuss the options that you have. We will be able to offer you the opportunity to defer your booking to an alternative date, for the same duration, in the same villa for the following year, we can offer you a voucher to the same value as your booking, to be redeemed against another villa from the suppliers that you purchased your original villa with* or we will provide you with a full refund***.
17.2 After you have booked your villa holiday, should the FCO change their advice and advise against all but essential travel to your villa holiday destination, then we will contact you up to 30 days prior to your holiday commencing and offer you the opportunity to defer your booking to an alternative date, for the same duration, in the same villa for the following year. We can offer you a voucher to the same value as your booking, to be redeemed against another villa from the suppliers that you purchased your original villa with*
**Availability permitting, if the new villa has a higher cost, then you would have to pay the remaining difference.
*** Refund to be paid within 30 days from cancellation date and available on over 95% of our villas. Please see the villa details for the terms and conditions of the villas that do not apply.
Last modified 7th June 2021