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 agent's local
representative or agent overseas in order that the agent may be given the
opportunity to arrange for the owner or their representatives to rectify the
matter during the holiday, or if not available, then to our UK 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 agent means
Hello Italy Ltd. (b) the "client" means the individual, company or body
contracting for the provision of the holiday with the owner through the agent.
(c) the website is the website produced by the agent 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 agent shall provide the
holiday arrangements selected by the client from among those described on the
website (hereafter referred to as the holiday) which includes the provision of a
property or properties for the use or occupation of the client and or other
facilities mentioned on the webpage.
(2)
.The holiday provided will be in the form of a "property only let". This
includes the property, normal use of gas electricity and water facilities as
described in the brochure, a weekly change of bed linen and pre-payment by the
Agent 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.
(3)
The minimum period of occupation of each of the properties described in
the brochure is 7 nights in all cases running from Saturday to Saturday unless
otherwise stated.
3. THE PRICE
(1) The price payable by the client shall be that relating to the holiday as
published on our website from time to time.
(2) All prices quoted are based on costs and exchange rates at the date of
booking. Prices quoted are based upon currency exchange rates published on the
day of booking. You should confirm current rates before making any transactions
that could be affected by changes in the exchange rates. Foreign currency rates
provided by Citibank N.A. and displayed under license. Rates are for information
purposes only and are subject to change without notice. Rates for actual
transactions may vary, and Citibank is not offering to enter into any
transaction at any rate displayed. 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 property included in the holiday falls
under two seasonal price rates applying to such occupation as published on our
website the seasonal rate applicable to each week of occupation of the property
concerned shall be charged.
4. PAYMENT (1) The client shall pay a deposit of 50% of Property Only
Rent at the same time as the issue of a confirmation invoice relating to the
holiday 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 Agent
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 agent shall have the
right 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
agent will supply the client with the documentation 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 property or properties by 10:00 hours on
the relevant dates or as 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 property 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 property 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 property as at the date of arrival at the same. (2) Any loss caused to
the owner of a property 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 property by any other persons other than the
client, the client shall forthwith cease to have the right to occupy the
property and will be liable to eviction either by the owner of the property
concerned or his agents or employees. 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 The rental of the property is not
assignable or transferable. The right of occupation of any property is for the
sole use of the client. In particular, but without prejudice to the generality
of the foregoing, only the client may use the property concerned and in any
event the number of persons residing in the property must not exceed the number
of sleeping places quoted in the information relating to the relevant property
provided in the brochure or the website and all parties must be declared in
writing 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 agent 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 agent subject to a charge of £50 payable to the
agent 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 agent.
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 agent 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 agent 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 AGENT
(1) The agent may on the owner’s behalf modify or cancel the holiday at any time
in the circumstances provided under clauses 2.(3) 4.(3) and 10 above. The agent
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 agent.
(2) In the event or modification or cancellation of the holiday by the agent
other than in circumstances provided in (1) above, the agent shall endeavour to
offer the client a choice of substitute arrangements, or a comparable holiday
(where applicable), or a refund of all money paid.
(3) The agent shall take reasonable steps to prevent modification or
cancellation of the holiday due to overbooking of properties but if the agents
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 property
which is unavailable.
(4) The agent shall inform the client promptly of any proposed modification or
cancellation whether of the holiday or the contract.
14. WEBSITE AND BROCHURE INFORMATION
(1) The agent has taken care to ensure the accuracy of information contained on
the website and in the brochure relating to the holiday advertised, but nothing
contained therein shall be treated as a term or condition of any contract.
(2) All statements as to the condition or quality of any property, facility or
service included in the holiday, whether contained in the website or brochure or
otherwise, shall not be treated as statements of fact but statements of opinion
only and the agent shall not be liable therefore.
15. THE AGENT'S LIABlLlTY
(1) The agent shall not be liable in respect of any accident which may occur or
injury, damage or loss howsoever caused.
(2) Without prejudice to the generality of the foregoing, the agent has taken
all considerable care in making the arrangements comprised in the holiday but
does not own or operate facilities comprised in the holiday and shall not be
liable for injury, loss or damage caused by the person or organisation providing
such facilities or their employees or agents.
16. SUPPLIERS' TERMS AND CONDITIONS
(1)) Any other services or facilities provided as part of the holiday are
subject to the standard terms and conditions of the party engaged by the agent
to supply such services.
(2) Copies of any of the above various suppliers terms & conditions can be made
available to clients before booking.
17. JURISDICTION AND APPLICABLE LAW Any contract formed by the agent for
whatsoever reason shall be governed by and constituted in accordance with
English law. The Client hereby submits to the exclusive jurisdiction of the
courts of England and Wales with respect of any matters arising out of any
contract concerning the holiday.
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
HELLO ITALY
LIMlTED (UK)
29 Copse Side, Godalming, Surrey, GU7 3RU Tel: 01483 419964 Fax: 01483 420252