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Terms and Conditions
1.1
Information about Affiliated Resorts, including without limitation
available information about facilities, amenities and services,
published by WHR (Worldwide Holiday Rentals) is based on information
obtained from the relevant Affiliated Resort. You should be aware
that facilities, amenities and services provided at the Affiliated
Resort may not necessarily be available or may be restricted at
certain times of the year. Accordingly, although WHR makes
reasonable efforts to ensure that resort information provided by WHR
is accurate and complete as of the date such resort information is
provided by WHR to you, WHR cannot accept responsibility for any
inaccurate, incomplete or misleading information about any
Affiliated Resort provided to you or other members of your holiday
party, except in the case of negligence on the part of WHR. WHR
makes no warranty or representation (other than any made in writing
by WHR) about any Affiliated Resort. You are free if you wish to
make your own enquiries on such matters.
1.2
WHR and Affiliated Resorts are separate and distinct entities and
WHR has no joint venture, partnership or agency relationship with
any of them. The products or services that are provided or sold by
Affiliated Resorts, including but not limited to Holiday
Accommodation, are also separate and distinct.
2.
REQUESTING HOLIDAY ACCOMMODATION
2.1
The person making a booking for Holiday Accommodation must be at the
time of booking, at least 18 years of over for European travel, and
there must be at least one member in the holiday party of 21 years
or older for travel to the USA. The age limit can vary from resort
to resort so please check the information carefully on the resort
information page. Additionally, each person applying for a booking
of Holiday Accommodation to WHR warrants that he/she has the
authority of all persons travelling as part of such booking to make
the application on their behalf and warrants that he/she is
authorised to agree and does agree on behalf of all those persons
that all of the information in relevant publicity material (if any)
provided to you by WHR and these Terms and Conditions form part of
the contract being entered into with WHR. You must pay in advance
the booking fee current on the date of enquiry for each apartment
requested. A legally binding contract is formed when the booking is
made. Confirmation of the arrangements will be sent out subsequently
by WHR and will be valid only if issued by RCI in writing. You must
check on receipt all the details on the confirmation carefully and
let us know as soon as possible if anything is incorrect, as
subsequent changes to any material aspect of the confirmation may be
treated as a cancellation. Bookings cannot be made on a conditional
basis or subject to any special requests that you may wish to make.
We will endeavour to meet any special requests notified to us prior
to your departure, but cannot guarantee to do so and no compensation
will be payable to you if such special requests cannot be met.
3. USE OF HOLIDAY ACCOMMODATION
3.1
You and the other members of your holiday party must occupy and use
any Holiday Accommodation into which you are booked in a
responsible, careful and secure manner. You are responsible for any
damage caused by yourself and your holiday party and must comply
with the Affiliated Resort's rules and by-laws and replace any items
missing from your Holiday Accommodation on departure.
3.2
The total number of people (babies and children included) occupying
your Holiday Accommodation must not exceed the maximum occupancy of
the apartment set out in the booking confirmation; otherwise, the
Affiliated Resort may refuse access or levy an additional charge.
You accept the fact that Holiday Accommodation may vary in unit
size, design, fixtures, furnishings, amenities and facilities.
3.3
You and the other members of your holiday party are responsible for
payment of any and all applicable taxes, personal expenses, utility
charges, such as electricity, water and telephone, security deposits
and other fees or charges levied by an Affiliated Resort on
occupiers of Holiday Accommodation for the use of amenities and
facilities thereto.
3.4
If you are going to arrive outside the check-in day and/or time set
out in your confirmation, you should contact the Affiliated Resort
directly to make alternative check-in arrangements. The Affiliated
Resort may levy a charge or impose other conditions for any Holiday
Accommodation not covering the days specified on the confirmation.
3.5
Affiliated Resorts may, where necessary, allocate alternative
Holiday Accommodation to the apartment confirmed provided such
alternative allocation has at least the same maximum occupancy and
is of similar overall quality.
3.6
When two or more consecutive weeks have been booked at an Affiliated
Resort you may be required to move from one apartment to another for
any second or any subsequent week.
4. CANCELLATION OF BOOKING
4.1 If you cancel your Booking
All
confirmed bookings are non-refundable, non-changeable and
non-transferable by you.
4.2 If
we cancel your Booking
All
reasonable endeavours will be made to provide the booking as
advertised. However, as arrangements in relation to the provision of
bookings are made many months in advance, they are, therefore,
subject to change. We reserve the right in any circumstances to
cancel your booking. In particular we may cancel your holiday before
the scheduled departure date in the case of unusual and
unforeseeable circumstances beyond WHR's control, the consequences
of which could not have been avoided even if all due care had been
exercised, or an event(s) which WHR or the supplier of services even
with all due care could not foresee or forestall. Such circumstances
or event(s) amounting to situations of Force Majeure - e.g. war,
Threat of war, riot, civil commotion or unrest, industrial dispute,
terrorist activity, fire, adverse weather conditions, natural or
nuclear disaster, epidemics and all similar events beyond WHR's
control. In any of these instances, where the booking has to be
modified or cancelled, WHR will try to offer suitable alternative
arrangements, without being able to guarantee such, or otherwise
will make a full refund of all monies paid.
5.
LIMITATIONS OF LIABILITY
5.1
If you or a member of your holiday party suffers any loss or damage
WHRough occupation and use of Holiday Accommodation booked WHRough
WHR, howsoever it may arise, we accept that we are liable for that
loss or damage up to a maximum amount of two times the sums received
by us for the provision of such Holiday Accommodation in connection
with which the loss or damage occurred (except in the case of death
or personal injury resulting from VTL's negligence, when no such
limit will apply). In no circumstances will we be liable for loss or
damage where the possibility of such loss or damage could not
reasonably have been foreseen by us. These limitations are also
applicable to all associated companies, servants and agents of RCI.
Nothing in these Terms and Conditions affects your statutory rights.
5.2
Any complaints about Holiday Accommodation or the services provided
at an Affiliated Resort must be made at the earliest opportunity to
a person in authority at the Affiliated Resort itself. If this does
not produce a satisfactory result, WHR should be contacted as soon
as possible. WHR accepts no liability to you or members of your
holiday party for any costs and expenses incurred by you or them
(including without limitation the costs of alternative
accommodation) without prior authorisation from WHR in relation to
any complaints about holiday accommodation or the services provided
at an Affiliated Resort. In the unlikely event that the Affiliated
Resort does not resolve the matter, you should write to WHR's
Customer Services department giving full details of the complaint
within 30 days of your return. We reserve the right to refuse to
consider any complaints made where this procedure has not been
followed.
5.3
WHR accepts no liability for the acts and omissions of any third
parties providing products or services to you or members of your
holiday party outside the scope of your booking.
6. GOVERNING LAW AND DISPUTES
6.1
These Terms and Conditions shall be governed by and be construed in
accordance with the laws of England, whatever the nationality of the
customer. In cases of conflict or inconsistency, where these Terms
and Conditions are translated into a language other than English,
the English text shall prevail.
6.2
You agree that the English courts shall have jurisdiction to resolve
and determine any disputes that arise in connection with these Terms
and Conditions.
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