BOOKING TERMS AND CONDITIONS
This document sets out the standard booking terms and conditions of Gateway Villa Rentals Ltd (referred to in this document as ‘GVR’ and trading as ‘The Luxè Week’), a company registered in the United Kingdom with the number 11526566 whose registered address is 40 Bloomsbury Way, Lower Ground Floor London, WC1A 2SE
Will the Booker please ensure you read this document in full before booking, and guests read this document before their departure. Important sections are underlined. Any references to ‘you’ are to you, the holidaymaker/booker, who has contracted with GVR either in your own right or on behalf of others.
THE NATURE OF THESE TERMS
As soon as the initial deposit payment is made, a contract will automatically arise between the Booker and GVR, granting both parties respective duties and obligations under that contract. These terms and conditions will form the basis of the contract between the Booker, guests and GVR.
GVR reserves the right to make reasonable changes to these terms and conditions at any time where such changes are necessary (for instance, in the case of a change in the applicable laws or regulatory requirements). Such changes will take effect when the updated terms and conditions are uploaded to The Luxè Week website.
Upon arrival you will be required to produce proof of identification. GVR operates a strict age policy. As such, GVR reserves the right to reject anyone on a booking at check-in should it be discovered you are in fact in violation of our age policy. In such circumstances you will not be refunded any sums paid, nor will GVR assume any responsibility for additional expenses incurred as a result of our refusal to allow you to participate.
Prior to your check-out we will conduct a full inspection of the property to ensure there is no damage. In a group booking (whole villa), the Booker and the individual who paid the deposit (unless they are the same person), must be present at check-out. In a scenario, where there is damage to the property the Booker/the individual who paid the deposit will be charged for any costs associated with the damage and be responsible for splitting this with his/her group if appropriate. They will not be in a position to argue any costs and will have to sign off on the damages in order to proceed with check-out.
In a villa share, where guests have been put together by GVR, the entire villa has to be present at check-out. Here every guest in the villa has a shared responsibility to ensure no damage is done to the property. In the event of damage to the property, any costs associated with fixing the damage will be equally split and charged to each guest. Guests will not be in a position to argue any costs and will have to sign off on the damages in order to proceed with check-out. GVR cannot accept liability for the return or loss of such monies.
Check-out will take place at 11:00. GVR strongly advises for onward travel arrangements to be made after this time and cannot accept responsibility for any travel arrangements made before.
The itinerary, as provided to you may be affected by weather conditions (for example, surfing might not be viable in adverse weather conditions for your own safety). Whilst we will try our utmost to ensure the itinerary is followed as closely as possible, GVR cannot be held liable for any deviations in the itinerary.
Your itinerary may be subject to change at any time. As such GVR will accept no responsibility for any additional activities or bookings you have incurred at your own expense.
Unless agreed otherwise, your booking does not include: transport to and from your home country, coach transfers between the airport and the villa, or any other type of transport unless you have selected transfers from GVR’s website as an optional extra if applicable.
Guests who have selected coach transfers between the airport and the villa (or any other type of transfer) from GVR’s website as an optional extra agree to be bound by the rules and regulations of travel and to following the reasonable instructions of the driver at all times. Failure to comply with any relevant legislation (e.g. rules relating to the consumption of alcohol or smoking while travelling by coach) or any reasonable request from either the driver or a member of GVR’s staff will be treated as a breach of contract. This may result in the holiday booking being terminated and/or expulsion.
Coach and taxi transfers are offered as a standalone option and are linked directly to published flight times. GVR will not, in any case, accept any responsibility for cancelled, delayed, rescheduled flight times or re-routed flights purchased through a third-party that affects the booked coach transfer. Should a booked flight be cancelled, delayed, have its flight times rescheduled or re-routed by the relevant airline, GVR cannot alter published coach transfer schedules in order to accommodate such changes since coach transfer provide transport for multiple inbound and outbound flights.
GVR will not monitor any changes to individual flight details. Should your flight be cancelled, delayed, re-scheduled or re-routed by the relevant airline after a coach transfer has been booked, it is the responsibility of the guest(s) to inform GVR. Likewise, if flight details or transfer timings are entered incorrectly by the booker GVR shall not be liable for any direct or indirect loss or damage this causes.
It is the responsibility of the Booker to ensure adequate time is allowed for the transfer, traffic delays and airport formalities. GVR shall not be liable for any direct or indirect loss or damage resulting from missed flights or appointments.
Whilst GVR takes every effort to ensure a high standard of service, transfer providers are third party suppliers and therefore GVR cannot be held accountable for any service failings on their part.
In the event that the relevant coach transfer is cancelled by GVR, the affected parties will be offered a full refund of the coach transfer cost only thereby allowing the affected parties to use this refund towards making their own travel arrangements to and from the destination.
Regardless of mode of transport delays can occur. By choosing to travel by transfer the Booker acknowledges that due to weather conditions, mechanical failure, traffic, an accident or some other reason, the likelihood of delay often cannot, even with all due care, be predicted or prevented. Accordingly, GVR cannot accept liability for any inconvenience or expenses you may incur as a result of such delays.
PASSPORTS AND VISAS
It is your responsibility to have valid travel documents. You must ensure that you have a valid passport and any necessary visas to enter any country you are visiting, including transit stops, prior to your departure.
GVR cannot help you to obtain the correct passports, visas, or other documentation that you might need to enjoy the booking made through GVR.
REFUNDS, CANCELLATIONS AND BOOKING CHANGES
Any payment made towards booking your place on a Luxè Week is non-refundable by GVR. Although circumstances change, any payment received from you is immediately used to secure your space in the villa and other activities you will participate in on the Luxè Week.
These financial obligations mean that GVR are unfortunately unable to offer a refund in any circumstance. Should your circumstances change and you have no choice but to cancel, GVR will charge you a cancellation fee in order to offset the financial obligations it has taken on to serve you – so it is highly recommend you purchase travel insurance with cancellation cover.
The cancellation fee will be the total value of instalments due up to the point of cancellation. If you paid the full amount when booking, the cancellation fee will be the same as it would have been had you chosen to pay by instalments.
10% deposit when booking
40% payment 30 days after booking
50% payment 60 days prior to arrival
If your payment plan differs to that above, the cancellation charges shall differ to those detailed above and shall reflect your payment terms. For the avoidance of doubt and by way of clarity, where you cancel a booking with a differing payment plan, we shall retain all sums paid up until cancellation.
To make any changes to your booking, email firstname.lastname@example.org. GVR reserves the right to charge an admin fee of $25 to make any adjustments to a booking.
CANCELLATION BY US
GVR will strive to avoid cancellations, however, sometimes they are unavoidable and GVR will reserve the right to do so when it sees fit. In this event, GVR will notify you of any cancellations as soon as possible before departure and you will have the choice to:
accept the altered arrangements,
book alternative arrangements from GVR of a similar standard to the original booking if available, and GVR will refund the difference in price if replacement holiday is of a lower standard and price, or
accept the cancellation and receive a full refund of all monies you have paid to GVR
GVR does not sell or organise travel insurance. The Booker must ensure their guests are protected under the Booker’s own travel insurance, or that each guest holds their own valid travel insurance before going on holiday. You should make sure that these insurance policies cover adventurous activities such as surfing or snorkelling. Please read the policy carefully to ensure it complies with this requirement and covers all of the activities that you are going to be participating in. We strongly recommend your insurance covers cancellation, personal liability and loss of personal property. It is a condition of your booking that you have a suitable travel insurance policy in place. GVR accepts no liability to those who travel without travel insurance in breach of this clause. You also agree to indemnify us against all third-party claims, actions, damages and remedies which may be brought against us in respect of your participation in the holiday.
In the event of your withdrawal from the holiday either before or after its commencement as a result of illness, you must obtain a medical certificate in support of any insurance claim. No refunds will be made for any absence from the trip.
If, in our reasonable opinion or the reasonable opinion of the provider of any part of the services to which your booking relates, while on holiday your behaviour poses a danger to you or those around you, causes or is likely to cause damage to people or our property, the property of our suppliers or the property of third parties, breaches any local law, is abusive or threatening in any way, causes or is likely to cause a public nuisance or you do not follow the instructions or orders of the staff or any other GVR representative, GVR reserves the right to immediately cancel your booking without paying you any refund whatsoever. This means, among other things, that:
any GVR representative could refuse to continue to work;
you may be required to leave a villa you have booked at any time during your booking (and from this point onwards you will be solely responsible for making your own travel arrangements. We will not be held liable to you for any expenses incurred by you after our contract with you has ceased); and/or
we reserve the right, in our absolute discretion, to ban you from any future Luxè Week or other GVR Group event.
Should the Booker of a group (whole villa) be made aware of the existence of such behaviour described above, the Booker will be responsible for ensuring the behaviour is brought to the attention of GVR and the guest is subsequently removed from the event.
External speaker systems are not permitted. Music must not be played in villas after 11.00pm.
The nature of some of the activities you may choose to participate in during your holiday may involve a degree of personal risk. You accept by purchasing a holiday from GVR, your purchase is solely and fully at your own risk and accept that you are responsible for your own actions. With accepting these terms and conditions you also accept full responsibility for any damage, loss or expense caused by you or any person named on your booking.
GVR acknowledges that guests may wish to consume alcohol. You must, however, do so responsibly and GVR accepts no liability to you for any injury, loss or damage you suffer as a result of your judgment being impaired wholly or partly by alcohol or drugs.
GVR operates a zero-tolerance drug policy. If you are found in possession of illegal substances, GVR reserves the right to cancel your booking without paying you a refund. This means (among other things) that you could be made to leave the villa you have booked at any time during your booking. GVR reserves the right to inform the relevant law enforcement authorities as we see fit.
You are solely responsible for your personal possessions and property; it is your sole and full responsibility to look after your personal belongings. Where you lose any item of your personal possessions, whilst we do everything possible to locate lost property we cannot guarantee to do so, nor can we guarantee to be able to arrange for your property to be returned. You should email email@example.com with any queries relating to lost property. In the event that we are able to locate lost property and arrange for its return, all costs incurred as a result of doing so must be paid to us in advance along with an administration fee of £25. GVR reserves the right to increase the administration charge for the return of lost property for bulky items with special dispatch costs. GVR accepts no liability and cannot be held responsible for the safety of your personal possessions and any lost property in any circumstance whatsoever as it is your personal responsibility to look after your belongings.
GVR may collect still and video images of you during the course of your holiday for advertising and promotional purposes. By booking through GVR you agree that such images may be collected and used by GVR however GVR sees fit including commercial use and sale of the images. The images may be cropped, altered, combined or otherwise edited. You also agree that GVR will retain ownership of all rights in connection with such images.
GVR reserves the right to assign, grant, transfer or otherwise give to a third party the rights and ownership as described in the above clause. This will extend but will not be limited to independent contractors and other entities or persons that are authorised by GVR to capture content for any authorised purpose, whether for commercial or personal use.
If you do not wish to be on camera or video this should be brought to the attention of GVR by sending an email to firstname.lastname@example.org before the commencement of your holiday. This should include the name and contact details of the person who does not wish to be photographed or videoed along with your booking number and contact details.
By booking through GVR, you agree that any still and video images you capture during the course of your holiday will be used for personal purposes only. Unless you obtain written permission by GVR, you agree and guarantee that you will not under any circumstance use any content captured under this clause for any commercial purposes whatsoever; this does not prevent you from using content captured under this clause for your own personal uses and across your personal social media channels only. Where you breach this clause, GVR reserves the right to enforce removal of this content.
GVR and any associated group company reserves the right to use the event for any promotional or marketing purposes.
When GVR uses the event for such promotional or marketing purposes GVR will be the sole owner in the content and all associated rights to it. As such, the Booker will have no claim to any such proceeds nor to any moral rights that may be associated with the production or distribution of the content.
The Booker shall seek GVR’s prior written consent before any use is made of the content provided or taken by GVR, GVR’s name or any content featuring the GVR branding. Such consent shall be at GVR’s sole discretion and not to be unreasonably withheld.
If consent is given, the Booker shall use the content in a manner that is not negative or defamatory to GVR or any associated group company. In the event the content is used for such purposes GVR reserves the right to request the content or campaign initiated or backed by the Booker to be taken down, removed or otherwise cease to operate.
When you book arrangements with GVR, even though we act as an undisclosed agent for suppliers we voluntarily accept that this is a "package" falling within the Package Travel, Package Holidays and Package Tours Regulations 1992 (‘the Package Travel Regulations’) for all UK resident and EU resident Bookers and other guests on their bookings. We will voluntarily extend our obligations to you to those which exist under the Package Travel Regulations to increase your protection and security.
GVR accepts responsibility that services offered and carried out are of a standard reasonably expected by a person skilled in offering and carrying out such services. We will use reasonable endeavours to perform our contractual obligations to you using reasonable skill and care according to the laws and regulations of the country where your holiday takes place.
GVR will take reasonable care to ensure that reputable suppliers and businesses provide the services that make up your holiday. These organisations follow local and national regulations and laws of the country in which they operate. You agree that overseas safety standards or the standard of any component of your package holiday booking may differ from those in your home country and in some instances may not meet the standards you are accustomed to at home (i.e. including but not limited to air-conditioning, refrigeration, Wi-Fi and lavatories).
When GVR reasonably provides the services they are contractually bound to, GVR will not be responsible for any loss or damage caused by the company, whether the loss be pecuniary or reputable. In addition, in circumstances where GVR fails to provide the level of service in which they were contractually bound to provide, GVR will only be responsible for any pecuniary damage or loss that is reasonably foreseeable and a direct consequence of its failure to provide the services to the requisite standard; for the avoidance of doubt, GVR shall under no circumstances be responsible for any reputable loss or damage suffered by the Booker.
Should you require refrigeration or air-conditioning services for medical related issues, GVR must be made aware of such prior to your booking. If made aware as such, GVR will use its reasonable endeavours to try and accommodate your needs. This does not guarantee that GVR will be able to provide the necessary services to you, thus GVR shall accept no responsibility for any loss or damage incurred through its inability to meet these needs.
Our obligations, and those of our suppliers, in respect of reasonable care will be complied with in accordance with local law or, in the absence of this, local custom. Compliance with any applicable
regulatory requirements will constitute proper performance on the part of GVR in the discharge of their duties and obligations under these terms and conditions.
GVR will not be liable where any failure was due to:
the acts and/or omissions of the person(s) affected;
b) the acts and/or omissions of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
c)unusual and unforeseeable circumstances beyond our control (for example, adverse weather conditions and congestion), the consequences of which could not have been avoided even if all due care had been exercised; or,
d)an unusual event which either ourselves or the supplier of the service(s) in question could not have foreseen or avoided even with all due care.
Our liability is, in all cases save for death or personal injury, limited to twice the price of the holiday booked. Any sum received by you from suppliers will be deducted from any sum paid to you as compensation by us.
GVR will not be liable for the compensation of any lost flights or reimbursement of flight costs.
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier to which any international convention or regulation applies, the maximum amount of compensation GVR will have to pay you will be limited in accordance with any relevant international conventions.
You are obliged to assist GVR in recovering from any third party any sum that may compensate us for any sums we pay to you. In particular, you are obliged to assign to us any rights that you may have against any other person whose acts or omissions have caused or contributed to our liability to you. You must also provide us with all the assistance we may reasonably require.
GVR and those associated with it are not responsible for organising activities, excursions etc. on-site. Such activities will not form part of your package arrangements. If you suffer illness or injury whilst overseas arising out of an activity that does not form part of the contractual package arrangements, we are not responsible for the provision of the excursion or activity or for anything that happens during the course of its provision by the operator.
Other than as is detailed in these booking terms and conditions, we shall have no legal liability whatsoever to you for any loss or damage which you suffer arising directly or indirectly from any aspect of your package.
Making a booking signifies your acceptance of the terms and conditions of GVR’s general waiver.
GVR maintains the highest standards in choosing villa supplier partners. If the Booker or any guest is unhappy with the performance of any element of a booking made through GVR, they must address these complaints to a member of GVR’s staff as well as the supplier at the earliest possible opportunity. We will then attempt to find an appropriate solution. Please allow us a reasonable opportunity to rectify the problems you are experiencing. Many complaints can be rectified on the spot or will be referred to a more senior member of staff. Failure to register any complaint at this time is likely to affect your right to compensation.
If you are dissatisfied with how your complaint was addressed, please contact our London office within 28 days of the initial making of the complaint using email@example.com.
DISABLED CUSTOMERS AND SPECIAL REQUIREMENTS
It is important that the guest or Booker tell us about any special needs and requirements so that suitable arrangements can be made. GVR cannot be held responsible for failure to inform them about special needs/requirements that may impact upon any individual’s participation in the event. As such, GVR will not compensate the Booker in these circumstances. If support or advice is needed, please contact GVR prior to booking using the contact details available on our website.
If an individual has a medical condition, mobility problem or a disability which may affect one’s participation in the event, GVR may require a doctor’s certificate or other documentation relating to such condition, problem or disability. Please provide us with full details of any such condition, problem or disability in writing at the time of booking.
GVR has a duty to make reasonable adjustments for any disabled passengers who wish to participate in the event. In deciding what is a reasonable adjustment GVR will take into consideration a variety of factors including but not limited to the cost of making these changes and how practical these changes are. Should, in GVR’s sole and reasonable discretion, the implementation of any such changes to accommodate a disabled individual is not considered to be reasonable, GVR reserves the right to refuse or cancel your booking in accordance with the Equality Act 2010.
GVR will use the Booker and guest’s personal data for the purpose of administration, statistical analysis, assessment and analysis, marketing, host mailing, customer services, customer profiling, analysing your purchasing preferences, and improving services. GVR may disclose such information to its service providers and agents for these purposes. The Booker has a right to request a copy of the personal data GVR holds relating to the booking in question, for which GVR may charge a small fee, and to correct any inaccuracies in your information.
GVR does not permit reselling of its products without prior written consent. GVR does, however, work with a select group of country managers/curators who promote GVR’s products in various locations.
If you believe your booking may have been resold in breach of these terms and conditions, please contact forthwith.
No failure or delay by GVR in enforcing these terms shall prevent GVR enforcing them at a later date or act as a waiver of its right to do so. Similarly, partial enforcement shall no preclude further enforcement of the same, or another, term at a later date.
If any provision or part of a provision, of these booking conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part- provision will be struck out of these booking conditions and the remainder of these booking conditions will apply as if the offending provision or part-provision had never been agreed.
You may not transfer or assign any of your rights or obligations under these booking conditions without GVR’s prior written consent.
Your contract with GVR shall be governed exclusively by the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to adjudicate upon any dispute or claim that arises out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes and claims)