Terms and conditions
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1.1. These booking terms and conditions (Terms) form the basis of your contract with COMPANY DETAILS whose company EIN number is 45-3249435 and whose registered office is at ADDRESS) (we or us). Please ensure that you read the Terms carefully as they set out our respective rights and obligations.
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1.2. These Terms, as amended from time to time, apply to all bookings including those made online.
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1.3. These Terms will become binding on you, and you will be deemed to have accepted these terms on behalf of any other persons detailed on the booking, on the earliest of:
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(a) you paying us a deposit;
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(b) you making full payment of the cost of your apartment; or
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(c) we send to you, via e-mail, a booking confirmation that confirms the details of your booking.
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2. Booking your apartment
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2.1. By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
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(a) the details they are providing are complete and accurate;
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(b) he/she has read these Terms and has the authority to, and does agree to be, bound by them;
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(c) he/she consents to us using any information provided in accordance with our Privacy Policy;
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(d) he/she is over 21 years of age and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services.
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2.2. When you submit a booking to us, this does not mean we have accepted your booking. Our acceptance of the booking will take place as described in clause 1.3 (when a binding contract is entered into).
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2.3. If we are unable to fulfil the booking, we will inform you of this and we will not process the booking further.
3. Prices
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3.1. Prices quoted on our website and in our brochure are those in effect at the time of viewing only. Prices are updated from time to time and are only guaranteed once the deposit (see clause 8.1 below) has been paid (although we reserve the right to change prices at any time in the case of error).
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3.2. All prices quoted include all taxes.
4. Accuracy
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4.1. We endeavour to ensure that all the information on our website is accurate; however, occasionally errors occur and we reserve the right to correct details in such circumstances.
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4.2. You must check the price and all other details relating to the apartment and any other arrangements that you wish to book before your booking is submitted.
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4.3. We, the management company and the apartment owner reserve the right to change the interior room configurations, the furnishings, the fixtures and fittings of the apartment and all other equipment in, or appearance of, the apartment without giving prior notice to you.
5. If you wish to make changes to the booking
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5.1. If you wish to change the booking in any way once a binding contract is in place between us (see clause 1.3) we will at our sole discretion decide whether to allow such a change to the booking. Making changes to a booking will not always be possible.
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5.2. Any request for changes to a booking must be made in writing by the person who made the booking. Where we can meet a request, all changes will be subject to payment of an administration fee. The amount of the fee will be notified to you before you choose to proceed with any change. You should be aware that these costs could increase the closer to the arrival date that changes are made and you should therefore contact us as soon as possible.
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5.3. Where a change in the booking is not possible and you do not wish to proceed with the original booking, we will treat this as a cancellation by you and the cancellation charges set out in clause 25 will become payable.
6. If we make changes to your booking (including cancellation)
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6.1. It is unlikely that we will have to make any changes to your confirmed booking arrangements or cancel them. However, occasionally we may have to make changes after bookings have been confirmed.
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6.2. In the event of minor alterations, we will do our best to notify you before your arrival date. You will not be entitled to any refund in the event that we have to make a minor alteration to your booking.
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6.3. If a significant change (see below) or cancellation has to be made to your booking arrangements by us we will notify you as soon as possible. You may then either:
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(a) accept the changed arrangements; or
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(b) accept an offer of an alternative apartment of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). If you reject our offer of an alternative apartment of comparable standard then you will not be entitled to an alternative apartment of a standard that is far superior. If in these circumstances you request a apartment of a far superior standard, you will be required to pay any difference between the cost of the original apartment booked and the alternative apartment which is of a far superior standard; or
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(c) cancel your booking completely, in which case we will refund you all monies paid by you.
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6.4. “Significant changes” include change of villa or apartment location for the whole or a significant part of your time away. Please note that not all apartment changes will constitute a “significant change”.
7. Paying for your apartment
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7.1. At the time of your booking you will be required to pay a deposit of 50% in order to secure the apartment and selected dates.
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7.2. The balance of the apartment cost must be received by us no less than 60 days before your arrival date. If we do not receive full payment in cleared funds in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges will become payable by you.
8. Damage
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9.1. You and your party are responsible for all damage and loss to the villa and its contents during your stay. If you or any member of your party cause any damage to the villa or any item in it or on its premises, you and/or your party may be required to pay for the loss and/or damage caused to the fullest extent and in this event we will hold you and each member of your party jointly and individually responsible.
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9.2. A full and detailed check of the villa will take place by the management company after your departure. You will be advised of any faults or damages found after this check and we will advise you as soon as possible of the cost of repair or replacement.
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9.3. Anything damaged, spoilt or broken will be charged to you at the replacement cost. Any items having to be purchased will be replaced ‘like for like’ to the same quality and standard.
9. Villa rental period
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9.1. The apartment rental period begins at 16.00 hours on the day of arrival and terminates at 11.00 hours on the day of departure (unless otherwise stated or permission has been granted for an early check in or late checkout).
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9.2. All apartments are professionally cleaned and inspected before and after each rental to ensure that guests have a comfortable stay.
10. Your duty of care
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10.1. No other persons are permitted to stay at the apartment other than those named on the booking form and under no circumstances may more than the maximum number of persons specified in the apartment description occupy the property (except by prior written agreement with us).
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10.2. Breach of clause 10.1 may result in your eviction from the apartment and/or additional guests being asked to vacate and in this event you will not be entitled to a refund.
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10.3. On departure you should leave the apartment in a reasonably clean and tidy condition so that it can be efficiently prepared for the next guests.
11 Changes to the terms
We may revise these Terms from time to time including in circumstances where there are changes in any relevant laws or regulatory requirements.
12. Our liability to you
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12.1. We will not be liable or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
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(a) the act(s) and/or omission(s) of the person(s) affected;
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(b) the act(s) and/or omission(s) of a third party;
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(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
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(d) an event which we could not, even with all due care, have foreseen.
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12.2. For the avoidance of doubt, we do not exclude or limit in any way our liability for:
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(a) death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or
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(b) fraud or fraudulent misrepresentation.
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12.3. For the avoidance of doubt, we cannot accept any liability for failure of public supplies such as water, electricity or gas supplies. We also cannot accept liability for the consequences of actions or omissions relating to the supply or control of mains services that are beyond our control, or any actions taken in the vicinity of the villa by any authority over which we have no control.
13. Force Majeure
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13.1. We will not be liable for any failure to perform, or delay in performance of, any of our obligations under these Terms or any delay to, or during, your holiday that is caused by an event out of our control (Force Majeure).
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13.2. A Force Majeure means any act or event beyond our reasonable control, including without limitation flight delays or cancellations, airport closures, adverse weather conditions, industrial dispute, civil commotion, riot, invasions, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, or failure of a public or private telecommunications network.
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25.3. If a Force Majeure takes place that affects the performance of our obligations under these Terms we will contact you as soon as reasonably possible to notify you.
14. Your rights to cancel
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14.1. Once a binding contract has been entered into, to cancel the entire booking or any component, the person making the booking must notify us in writing. If you cancel you will lose your deposit.
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14.2. Trip cancellation requests must be received at least 14 calendar days before check-in for Flex 14 homes, or at least 30 calendar days before check-in for Flex 30 homes
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14.3. If you cancel your reservation less than 30 days (Flex 30) before check-in or 14 days (Flex 14) before check-in, then our standard cancellation terms apply
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14.4. The refund will be made back to your original payment method, minus your booking deposit which will be exchanged for travel credit
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14.5. Rebooking is subject to availability and you will be required to pay any price increases caused by seasonal rate fluctuations
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14.6. Once your new date is chosen and confirmed, no further date changes may be made, as COVID-19 is no longer an unforeseen or unexpected event
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14.7. These terms apply to new bookings made from April 9th, 2020, marked with the Flex 14 and Flex 30 logos, with check-in scheduled on or after June 1st, 2020.
15. Other important terms
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15.1. We may transfer our rights and obligations under these Terms to another organisation, and we will always notify you in writing if this happens, but this will not affect your rights or our obligations under these Terms.
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15.2. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
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15.3. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
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15.4. Guest waives any right to dispute a credit or debit charge, request or demand a chargeback or dispute that a detailed item description was provided, contact information was clearly and prominently displayed, and grievance policy instructions were provided.
16. Governing law
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16.1. These Terms and any agreement to which they apply are governed in all respects by California law. You agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking shall be resolved via binding arbitration. A party whose contractual rights have been violated is entitled to reasonable attorney’s fees and costs for any actions taken, pre-arbitration or otherwise, to collect any payment due or enforce any terms under this agreement.
17. Information about us and how to contact us
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17.1. We are a company registered in the State of California USA. Our company EIN number is 45-3249435 and our registered office is ADDRESS.
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17.2. If you have any questions please contact us. You can contact us by telephoning our customer service team at 8184231916 or by e-mailing us at Monicaportmanla@gmail.com.