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HOW TO RENT A booking for a property is deemed to
have been made when we acknowledge your signed Booking Form and deposit for
I week of "Villa only rent" together with confirmatory invoice. The
balance is payable no later than 70 days before departure. Access
arrangements will be forwarded to you upon receipt of the balance.
STANDARD TERMS AND CONDITIONS Please note that the advertisements
contained in our brochure are not to be treated as an offer to contract,
and until a confirmation invoice is issued no firm booking will have been
made. Please note that any reservations or bookings made with us are
subject to our "STANDARD TERMS AND CONDITlONS", PLEASE READ THESE
CAREFULLY. You should also note that these standard terms and conditions
themselves incorporate the terms and conditions imposed by those
organisations which provide the airlines, ferries train, car hire services,
villas and other facilities mentioned in this brochure.
HOLIDAY INSURANCE We recommend that you obtain travel insurance.
Facilities for this, if required, are provided through a third party on our
website. Remember, if you do not have insurance you may be liable for
cancellation charges etc.
POINTS TO NOTE: LOCAL CONDITIONS For those who may be selecting a
villa holiday for the first time and to those who have been on an
independent holiday before, may we bring the following points to your
attention. Wherever possible we have tried to use the correct English
equivalent in describing a house though words like "villas, cottages
and studios" may have slightly different meanings in Italian . A villa
will usually be self-contained but occasionally may be attached or have the
owner living in an adjacent flat.
The standard of decoration and furniture found in the properties featured
in this brochure varies both in taste and quality. National and regional
standards of comfort differ considerably and may not always offer the same
comforts as in Britain. Some villas are luxuriously furnished, but others
may lack carpets or armchairs which are not necessarily looked upon as
necessities in the locality. Similarly, kettles and teapots are often
looked upon as an English peculiarity!
Although every effort is made to maintain properties in good order, we must
point out that most are heavily booked throughout the season and wear and
tear is unavoidable. For this reason owners may change furnishings which
have been damaged. Problems can also be encountered as to provision of
services especially during the high season. Local authorities may be forced
to cut or reduce water and electricity services and water supplies can be
affected if there has been a lack of rain during the winter months. Drains
can leave a lot to be desired and insects can be a nuisance. Occasionally
hot water installations, swimming pools and toilets may need to be repaired
and it may take time to engage workmen or obtain replacement parts. Our
representative will always do whatever he/she can to rectify problems as soon
as possible.
Please remember however, that in other countries, efficiency is not always
as visitors believe it should be. The holidays we offer have given
considerable pleasure to the vast majority of our clientele, so if
something does go wrong we do ask our clients to make allowances and above
all keep their sense of humour! In the event that the client has any
complaint about any aspect of the holiday, that complaint should be
reported within 24 hours to the tour operator's local representative or agent
overseas if it is possible to do so, in order that the tour operator may be
given the opportunity to rectify the matter during the holiday, or if not
available, then to our Godalming Office within 48 hours. This enables us to
put matters right during your holiday. We cannot accept complaints if you
do not follow this course of action. No complaints can be accepted more
than 28 days after completion of your holiday.
STANDARD TERMS AND CONDITlONS
1. INTERPRETATION
(1) In these terms and conditions where the context
admits: (a) the tour operator means HELLO ITALY LIMITED. (b) the
"client" means the individual, company or body contracting with
the Tour Operator for the provision of the holiday. (c) the brochure is the
brochure produced from time to time by the Tour Operator describing
holidays in Tuscany. (2) All words and phrases expressed in the singular
include the plural and all works and phrases expressed in the masculine
include the feminine and vice versa. (3) All headings and sub headings are
for convenience only and do not affect the meaning or construction of any
terms of this contract
2. THE SELECTED HOLIDAY
(1) Subject to (2) and (3) below and subject to the
terms relating to modification and cancellation which appear hereafter the
Tour Operator shall provide the holiday arrangements selected by the client
from among those described in the brochure (hereafter referred to as the
holiday) which includes the provision of a villa or villas for the use or
occupation of the client and or other facilities mentioned in the brochure.
(2) The holiday provided will be in the form of a "villa only
let". This includes the villa, normal use of gas electricity and water
facilities as described in the brochure, a weekly change of bed linen and
pre-payment by the Tour Operator of local taxes except where otherwise
stated in the brochure. No travel arrangements, insurance, travelling cots
or bed linen for such cots, cost of running central heating, maid service
or food shall be included unless otherwise stated in the brochure.
(3) The minimum period of occupation of each of the villas described in the
brochure is 7 nights unless otherwise stated, in all cases running from
Saturday to Saturday.
3. THE PRICE
(1) The price payable by the client shall be that relating
to the holiday as published by the Tour Operator from time to time.
(2) All prices quoted by the Tour Operator are based on costs and exchange
rates at the date of publication. Prices in this brochure are
based upon currency exchange rates published in the
Financial Times on 14th May 2003 £1 = Euro 1.37979. Government actions such
as increases in VAT or any other Government imposed increases, currency in
relation to adverse exchange rate variations. Even in this case we will
absorb an amount equivalent to 2% of the holiday price which excludes
insurance premiums and any amendment charges. Only amounts in excess of
this 2% will be surcharged but where a surcharge is payable there will be
an administration charge of 50p together with an amount to cover agents
commission. If this means paying more than 10% on the holiday price you
will be entitled to cancel your holiday with a full refund of all money
paid except for any premium paid to us for holiday insurance and amendment
charges. Should you decide to cancel because of this you must exercise your
right to do so within 14 days from the issue date printed on the invoice.
(3) Where the period of occupation of a villa included in the holiday falls
under two seasonal price rates applying to such occupation as published by
the Tour Operator the seasonal rate applicable to each week of occupation
of the villa concerned shall be charged.
4. PAYMENT
(1) The client shall pay a deposit of 50% of Villa Only Rent
at the same time as the issue of a confirmation invoice relating to the
holiday by the Tour Operator unless: (a) The confirmation invoice is issued
within 70 days of the date of departure for the holiday as specified in the
confirmation invoice in which case the whole of the price shall be paid.
(2) In the case of payment of a deposit as set out above the balance of the
price of the holiday as stated in the confirmation invoice issued by the
Tour Operator shall be paid 70 days before the date of departure of the
client as specified in such confirmation invoice.
(3) In any case in which a deposit, the price or a proportion of the price
as the case may be is not paid within the requisite time the Tour Operator
shall have the night to cancel the holiday and to re-sell the holiday or
any of the arrangements and facilities included in it and will retain the
deposit paid by the client and will have the right to apply cancellation
charges as contained in clause 12 below.
5. TICKET AND DOCUMENTATlON
(1) After full payment of the price and within 14 days
of the departure date specified in the confirmation invoice the Tour
Operator will supply the client with the tickets required for the holiday
and such further information regarding the holiday as may be requisite.
(2) The client shall be in possession of a passport valid for at least six
months beyond the departure date specified in the confirmation invoice.
Insofar as visas are required for entry to any country to be visited in the
course of the holiday the client must be in possession of such visas and
they must be valid for the period required.
(3) Insofar as health documentation or inoculations or vaccinations are
required for the purposes of the holiday the client shall ensure that all
such requirements are complied with.
6. ARRIVAL TIME
The client shall arrive at the key collection point
between the times of 15:00 and 18:00 hours and shall vacate such villa or
villas by 10:00 hours on the relevant dates specified in the confirmation
invoice.
7. BREAKAGE DEPOSIT
A security deposit of 15% shall be paid by the client
with the final balance. This deposit shall be returned to the client less
any deductions for breakages or damage to the villa or its contents whilst
occupied or used by the client within 4 weeks of departure from the
property.
8. CARE OF PROPERTY
(1) The client shall be responsible for ensuring that
any villa provided as part of a holiday together with fixtures, furniture
and effects are in the same state of cleanliness and repair at the date of
departure from such villa as at the date of arrival at the same.
(2) Any loss caused to the owner of a villa included in
the holiday caused by the client's failure in the respect set out in (l)
above shall be deductible from the security deposit provided for under
clause 7 above. In the event of breakages or similar serious damage or
occupation of a villa by any other persons other than the client, the
client shall forthwith cease to have the right to occupy the villa and will
be liable to eviction either by the Tour Operator or the owner of the villa
concerned. It is in the client's interest therefore to settle any breakages
or bills directly before departure so that the possibility of our having to
retain any or all of the deposit can be avoided.
9. SHARE OF OCCUPATION/ASSlGNMENT
This contract is not assignable or transferable. The
right of occupation of any villa and all travel facilities and other
services included in the holiday are for the sole use of the client. In
particular, but without prejudice to the generality of the foregoing, only
the client may use the villa concerned and in any event the number of
persons residing in the villa must not exceed the number of sleeping places
quoted in the information relating to the relevant villa provided in the
brochure and all parties must be declared before departure.
10. MODIFICATIONS TO THE HOLIDAY BY THE CLIENT
(1) The client may within 70 days of the date of
departure specified in the confirmation invoice modify the holiday which is
the subject of this contract. Such modification shall be treated by the
Tour Operator as a complete cancellation and re-booking and shall be
subject to cancellation charges as provided in clause 12 below.
(2) The client may modify the holiday which is the subject of this contract
up to 70 days prior to the departure dates specified in the confirmation
invoice issued to the client by the Tour Operator subject to a charge of
£50 payable to the Tour Operator by the client for administration costs.
(3) All modifications of the holiday effected by the client shall only be
effective if made in writing and then only from the date of receipt of such
in writing by the Tour Operator.
11. CANCELLATION BY CLIENT
The client, subject to the clause below, may cancel the
holiday at any time prior to the departure dates specified in the
confirmation invoice. The client shall give the Tour Operator 48 hours
notice in writing immediately the circumstances giving rise to the claim
occur - failure to do so may prejudice any entitlement to claim the full
charges made under your travel insurance.
12. CANCELLATION CHARGES
In the event of cancellation of the holiday by the
client or in the events provided in clauses 4.(3) and 10 above, the
following charges shall apply which will be payable by the client depending
on the date upon which the Tour Operator is properly notified in writing of
the cancellation or other relevant event as the case may be:
(i) Up to 70 days prior to the departure specified in the confirmation
invoice the amount of the requisite deposit .
(ii) Between 69 and 30 days prior to such departure date a charge of 70% of
the full price.
(iii) Less than 29 days before such departure date, 100%
of the full price.
13. MODlFICATlON OR CANCELLATION BY THE TOUR OPERATOR
(1) The Tour Operator may modify or cancel the holiday
at any time in the circumstances provided under clauses 2.(3) 4.(3) and 10
above. The Tour operator may modify or can cancel the holiday at any time
in any case where it is necessary to do so as a result of force majeure.
That is to say acts of God, acts of government, hostilities or war (whether
declared or not), threat of hostilities of war, political unrest, civil
riot, civil strife, industrial dispute, terrorist activity, natural or
nuclear disaster, fire or theft, epidemic, quarantine, medical or customs
regulations, technical or administrative problems with transport, closure
of airports, breakdowns in machinery or equipment, adverse weather
conditions or any other occurrence outside the control of the Tour
Operator.
(2) In the event or modification or cancellation of the holiday by the Tour
Operator other than in circumstances provided in (1) above, the Tour
Operator shall endeavour to offer the client a choice of substitute
arrangements, or a comparable holiday (where applicable), or a refund of
all money paid, and any other reasonable expenses in the circumstances.
(3) The Tour Operator shall take reasonable steps to prevent modification
or cancellation of the holiday due to overbooking of properties but if the
Tour Operators become aware of such overbooking before the departure date
specified in the confirmation invoice, it will offer the client a choice of
an alternative holiday or a refund in respect of monies payable in respect
of the villa which is unavailable.
(4) The Tour Operator shall inform the client promptly of any proposed
modification or cancellation whether of the holiday or the contract.
14. BROCHURE INFORMATION
(1) The Tour Operator has taken care to ensure the
accuracy of information contained in the brochure relating to the holiday
advertised, but nothing contained therein shall be treated as a term or
condition of the contract.
(2) All statements as to the condition or quality of any property, facility
or service included in the holiday, whether contained in the brochure or
otherwise, shall not be treated as statements of fact but statements of
opinion only and the Tour Operator shall not be liable therefore.
15. THE TOUR OPERATOR'S LIABlLlTY
(1) The Tour Operator shall not be liable in respect of
any accident which may occur or injury, damage or loss howsoever caused,
save insofar as the injury, damage or loss is caused by the Tour Operators
or that of its employees.
(2) Without prejudice to the generality of the foregoing, the Tour Operator
has taken all considerable care in making the arrangements comprised in the
holiday but does not own or operate the airlines, railways, ferries
properties or other facilities comprised in the holiday and shall not be
liable for injury, loss or damage caused by the organisation providing such
facilities or their employees or agents.
16. SUPPLIERS' TERMS AND CONDITIONS
(1) All car hire services shall be subject to standard
terms and conditions of the selected car hire company which terms and conditions
are incorporated in this contract.
(2) All other services or facilities provided as part of the holiday are
subject to the standard terms and conditions of the party engaged by the
Tour Operator to supply such services which terms and conditions are
incorporated into this contract.
(3) Copies of any of the above various suppliers terms & conditions can
be made available to clients before booking.
17. JURISDICTION AND APPLICABLE LAW
This contract shall be governed by and constituted in
accordance with English law, and the Tour Operator and Client hereby submit
to the exclusive jurisdiction of the courts of England and Wales with
respect of any matters arising out of this contract.
18. DISTANCES - MILEAGE Where guidance is given for distance or mileage,
these are given in good faith and do not form part of any contract.
19. For general visa, passport and health information please refer to FCO for advice on
www.fco.gov.uk/travel/countryadvice.asp
BOOKING CONDITIONS
HELLO ITALY LIMlTED (UK):29 Copse Side, Godalming, Surrey, GU7 3RU
Tel:
01483 419964 Fax: 01483 414112
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