This page (together with the documents referred to on it) tells you the terms and conditions on which we supply any of the services (Services) listed on our website WWW.staging2.starvillasjavea.com
Please read these terms and conditions carefully before using any Services from our site. You should understand that by ordering any of our Services, you agree to be bound by these terms and conditions.
You should print a copy of these terms and conditions for future reference.
Please click on the button marked “I Accept the terms and conditions” at the end of the booking form page.
1. Information about us
1.1 WWW.staging2.starvillasjavea.com is a site operated by LUXURY VILLAS JAVEA S.L.(we).
We are registered in Spain under company number B42575811 and with our registered office at Calle Cannes 8, Javea, Alicante, 03730, Spain
By placing a booking through our site, you warrant that:
- (a) You are legally capable of entering into binding contracts;
- (b) You have the authority to accept these conditions and do accept them on behalf of your party.
- (c) You are at least 18 years old.
3. Price and payment
3.1 Payment for all Services must be by bank transfer or by credit card as stated on your client page
3.2 The price is fixed in the currency as shown on the villa description page. Payment may be made in another currency at our discretion, and the rate will be determined on the daily rate when payment is made, not when the booking is made. The exchange rate used will be the HSBC selling rate. This may occur when paying the deposit and/or when paying the balance.
3.3. In order to book a property, a non-returnable 25-30% (depending on the villa) deposit of the full balance is required. The non-returnable balance should be paid no later than 10 weeks prior to departure. Failure to do so, means that we reserve the right to treat your booking as cancelled, and may re-let the accommodation without any refund.
3.4 If a booking is made within 10 weeks, the full balance will be required.
3.5 The price of any Services will be as quoted on our site from time to time, except in cases of obvious error.
3.6 Our site contains a large number of villa properties and it is always possible that, despite our best efforts, some of the properties listed on our site may be incorrectly priced. We will normally verify prices as part of our booking procedures so that, where a villa’s correct rental price is less than our stated price, we will advise you of the correct charge being the lower amount when contacting you later. If a villas correct price is higher than the price stated on our site, we will normally, at our discretion, either contact you for instructions before confirming the booking offer, or reject your booking and notify you of such rejection.
3.7. We are under no obligation to provide the villas to you at the incorrect (lower) price, even after we have sent you a Booking Form, if the pricing error is obvious and unmistakeable and could have reasonably been recognised by you as a mis-pricing.
4. Service availability/scope of Service
4.1 We provide services as a booking agent for consumers who wish to book holiday villas in Spain.
- (a) Accordingly we give as accurate information as possible on our website, but can not vouch for the accuracy of the advertisements, or be held liable for any errors. On arrival at your destination, the local office may ask you to agree to their terms and conditions. Consumers are notified that Prestige Villas Spain Limited is not a party to this separate contract and accordingly cannot make payment or give refunds for damages or claims of disappointment or loss of enjoyment whatsoever.We act as your booking agent in good faith with the local agent and therefore in the event of holiday disappointment not caused by our breach of agency duty and/or contract and/or negligence you must seek redress from the local agent directly. Happily in our experience problems are rare.
5. How the contract is formed between you and us
5.1 After requesting a booking, you will receive an e-mail from us acknowledging that we have received your request. Please note that this does not mean that your booking has been confirmed. Your booking constitutes an instruction to us to reserve a villa with the local agent. This offer we may accept or reject. All bookings are subject to this contract as well as the terms and conditions of the local agent’s terms and conditions. Accordingly acceptance by us of your offer means that we will confirm to you by sending you an e-mail with the Booking form. The contract between us (Contract) will only be formed when we send you the Booking Form. This means a villa reservation has been placed, however this does not mean a holiday has been bought. See 5.2 below.
5.2 The viilla will be reserved for 5 days, giving you time to return the booking form by email, and make the necessary payments. If this does not happen, we will assume you no longer wish to book, and the booking will become cancelled.
5.3 This Contract will relate only to those Services that we have confirmed in the Booking Form.
6. Our status
6.1 As stated we accept offers of bookings as agents on behalf of local offices. The resulting agreement for holiday services is a legal contract between you and the local office, and is subject to the terms and conditions of the local office, which they may advise you of an arrival at your destination.
6.2 We may also provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We may disclose your customer information related to that transaction to the third party seller.
7. Consumer rights
7.1 You will not have any right in law to cancel a Contract for the supply of any of the following Services:
Online booking with us.
8. Our refunds policy
8.1 Our accommodation and leisure Services are exceptions from the right to cancel under the Consumer Protection (Distance Selling) Regulations 2000 and accordingly there is no right to any refund in the event of inter alia flight delay or cancellation, illness, injury, family bereavement, accident or any other reason, including change of mind or plans, and accordingly you are advised to take out appropriate insurance to cover such eventualities. An insurance broker will be able to advise you accordingly.
9. Our liability
9.1 We warrant to you that any Service provided by us through our site is of reasonable care and skill.
9.2 Our liability in connection with any Service provided through our site is strictly limited to at most the price paid or payable by you for that Service by way of commission which shall not be the price paid or payable for the villa holiday since this will be higher and will be payable to the local agent.
9.3 In any event we accept no liability for any loss of enjoyment, loss of amenity, loss of opportunity, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. You are advised to seek your own insurances to cover these events.
9.4 We are not liable for any problems or loss connected with or caused by the villa including death, personal injury, theft, damage or loss as we do not own or manage the villa. For any issues relating to this, you should contact the local agent.
10. Import duty and taxes
10.1 If you are booking Services from our site for delivery outside the UK, they may be subject to import duties and taxes which are levied as a result of the Service. You will be responsible for payment of any such import duties and taxes if applicable. Please note that we have no control over these charges and cannot predict their amount. Please contact your local tax or customs office for further information before placing your booking.
10.2 Please also note that you must comply with all applicable laws and regulations of the country for which the services are destined. We will not be liable for any breach by you of any such laws.
11. Written communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be mainly electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to email@example.com
13. Transfer of rights and obligations
13.1 The contract between you and us is binding on you and us and on our respective successors and assigns.
13.2 You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
13.3 We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
14. Events outside our control
14.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a Contract that is caused by events outside our reasonable control (Force Majeure Event).
14.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
- (a) Strikes, lock-outs or other industrial action.
- (b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
- (c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster.
- (d) Impossibility of the use of public or private telecommunications networks.
- (e) Impossibility of the use of internet connections or networks.
- (f) Failure or interruption of server, host or computer.
- (g) Failure by subcontractor to make repairs to our computer systems.
- (h) The acts, decrees, legislation, regulations or restrictions of any government.
- (i) Local building works and resulting noise in the vicinity of the villa.
14.3 Our performance under any Contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.
15.1 If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
15.2 A waiver by us of any default shall not constitute a waiver of any subsequent default.
15.3 No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with paragraph 15 above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
17. Entire agreement
17.1 These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the Services provided by us and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
17.2 We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
17.3 Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party´s only remedy shall be for breach of contract as provided in these terms and conditions.
18. Our right to vary these terms and conditions
18.1 We have the rightto revise and amend these terms and conditions from time to time.
18.2 You will be subject to the policies and terms and conditions in force at the time that you booking services from us, unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to bookings previously placed by you), or if we notify you of the change to those policies or these terms and conditions before we send you the Booking Form (in which case we have the right to assume that you have accepted the change to the terms and conditions, unless you notify us to the contrary within seven working days of receipt by you of the Services).
19. Law and jurisdiction
Contracts for the purchase of Services through our site will be governed by English law.
Any dispute arising from, or related to, such Contracts shall be subject to the non-exclusive jurisdiction of the courts of Spain which shall apply Spanish procedural law to try the matter.