Booking Conditions

 

The following definitions apply in these Booking Conditions:

“Accommodation Supplier” :: the owner and/or supplier of the relevant Property;

“Booking” :: the booking of a Property rental via a Booking Request in respect of which a Booking Confirmation has been issued          by ULH;

“Booking Conditions” :: the terms and conditions set out in this document;

“Booking Confirmation” :: confirmation of acceptance by ULH (on behalf of the Accommodation Supplier) of a Booking Request;

“Booking Form” :: the booking form provided by ULH (via the Site or otherwise) for the purposes of making an offer to rent one or more Properties;

“Booking Request” :: the submission of a Booking Form to ULH (via the Site or otherwise);

“Business Day” :: a day (other than a Saturday, Sunday or public holiday) when banks in London are open for business;

“Customer” :: the person who makes a Booking Request;

“Deposit” :: the deposit applicable to the relevant Property, as set out in the Property Specific Conditions;

“Material Change” :: a material change to the terms of a Booking by the Accommodation Supplier or ULH (on behalf of the Accommodation Supplier) as set  out in the Schedule;

“Party” :: the persons who will be staying at the relevant Property in connection with the Booking;

“Properties” :: the properties advertised for rental on the Site and Property shall be construed accordingly;

“Property Specific Conditions” :: any specific conditions or restrictions set out on the Site) in respect of the relevant Property;

“Rental Charges” :: the rental charges applicable to the relevant Booking [as set out in the Booking Confirmation];

“Security Deposit” :: the security deposit applicable to the relevant Booking [as set out in the Booking Confirmation];

“Site” :: www.uniqueluxuryholidays.com

“ULH” :: Unique Properties (Portugal) Limited a company incorporated in England and Wales with company number: 06756282 whose registered office is at The Counting House, 2 Christina Street, Swansea, Wales, SA1 4EW trading as Portugal Unique Properties.

Descriptions & Photography

All descriptions on this web-site are based on inspections made by or on behalf of ULH and information passed to us, which we believe to be accurate. The descriptions have been written as each Property existed at the time of inspection, and any changes by villa agent/Owners or hotel are sometimes made without prior warning and therefore ULH does not wholly guarantee the accuracy of the information and cannot accept entire responsibility for any decisions made thereafter. Any significant changes will be actioned as soon as we are made aware of them and the relevant information will be updated.

If changes are made after you have already booked we will advise you prior to your departure, if it is your decision to cancel at this point, this may not be without cancellation penalty. In some cases certain facilities and amenities may be affected by a change to local conditions, such as bad weather or low season. Public Holidays and Festivals may also affect the availability of resort facilities. Swimming Pools are not heated unless otherwise stated. Distances to the nearest beaches can be provided and depending on location the beach may be sandy, stones or shale. The photographs throughout the web-site are to provide an overview impression of each Property or destination. ULH cannot accept responsibility for changes made to any furniture, colour schemes or views since the photographs were taken.

Booking

Before making any Booking Request please read these Booking Conditions carefully and all other information relevant to your booking, including the Property Specific Conditions.

ULH arranges bookings of each Property as agent of the Accommodation Supplier. When booking a Property through ULH, the Customer will be entering into a contract directly with the Accommodation Supplier.

The Customer acknowledges and agrees that:

All Booking Requests are subject to the relevant Property being available for the chosen dates; and

The submission of a Booking Form is an offer by the Customer to rent the Property referred to therein subject to these Booking Conditions and the Property Specific Conditions and does not create a legally binding contract with the Accommodation Supplier or ULH; and

A legally binding contract will only be formed with the Accommodation Supplier in connection with a Booking Request once ULH issues a Booking Confirmation in respect of such Booking Request; and

If payment of any Deposit has been made prior to ULH or the Accommodation Supplier issuing a Booking Confirmation this shall not constitute acceptance of the Booking Request.

The Booking Form must include a list of all members of the Party, with relevant ages for children. Only those individuals listed in the Booking Form submitted by the Customer will be allowed to stay at the Property unless other arrangements have been agreed and confirmed in advance by ULH writing.

The Customer confirms that all information in the Booking Form submitted by him or her is accurate and complete and also confirms that by submitting a Booking Form he or she is:

at least 25 years old;

Authorised by all other members of the Party to make the Booking Request on the basis of these Booking Conditions and the Property Specific Conditions;

Responsible for making all payments due to ULH or the Accommodation Supplier in connection with the Booking.

ULH, on behalf of the Accommodation Supplier, has the right to refuse any Booking Request before issuing any Booking Confirmation.

The Booking Confirmation should be carefully checked immediately upon receipt and any queries raised with ULH promptly. ULH cannot accept responsibility for any inaccuracies that it has not been notified about.

Provisional bookings can be arranged and potential bookings may be held for up to 48 hours, pending receipt within that period of a formal confirmation and the relevant booking information. If the required deposit/payment is not received within 3 working days of the initial hold, the provisional booking will be released.

Charges and Payment

Unless otherwise agreed by ULH, the Customer shall pay the Deposit when making the Booking Request.

Subject to condition 8.6 the Deposit is non-refundable.

The balance of the Rental Charges shall be paid by the Customer to ULH no later than 12 weeks prior to departure.

If the Booking is made less than 8 weeks prior to departure, full payment of the Rental Charges shall be paid by the Customer when making the Booking Request.

If any payment is not received by ULH by the relevant due date, ULH may cancel the Booking, and the Deposit will be retained and a further cancellation charge may apply (calculated pursuant to the table in condition 8.4).

All payments due from the Customer shall be paid in pounds sterling and by debit or credit card, or by bank transfer.

ULH  reserves  the right to increase the Rental Charges:

In the event that the UK or the local government at your holiday destination introduces additional taxes or charges; or

To reflect increases or decreases to the applicable exchange rates.

Except as otherwise expressly stated in these Booking Conditions

All charges (including cancellation charges) and refunds are made by ULH for and on behalf of the Accommodation Supplier; and

All monies paid to ULH by or on behalf of the Customer in connection with the relevant Booking will be held by ULH on behalf of the Accommodation Supplier and forwarded to the Accommodation Supplier in accordance with the agreement between ULH and the Accommodation Supplier.

Pricing on Site

All fees quoted on the Site include VAT, where applicable.

It is always possible that the Rental Charges may be incorrectly priced on the Site. ULH will normally check prices before issuing any Booking Confirmation and:

In the event that the rental charges advertised on the Site for the relevant Property at the date of submission of the Booking Form are higher than the actual rental charges for such Property for the relevant dates, the rental charges will be the lower amount; and

In the event that the rental charges advertised on the Site for the relevant Property at the date of submission of the Booking Form are lower than the actual rental charges for such Property for the relevant dates ULH will contact the Customer for instructions before a Booking Confirmation is issued.

If ULH issues a Booking Confirmation which includes a pricing error that is obvious and unmistakeable and could reasonably have been recognised as a mispricing, ULH may cancel the Booking and refund any sums paid to ULH by the Customer in respect of such Booking.

Rental Charges are based on a 7 night stay for accommodation only for the maximum number of guests stated in the Booking Form. These Rental Charges are updated from time to time but your specific holiday price will be confirmed to you at the time of accepting your Booking.

Deposits vary between 25% - 50% of the total holiday price; it also depends on the time of year, destination and the individual property. The amount of the relevant deposit will be advised at the time of submission of a Booking Request.

Check-in /Check-out times

Unless otherwise specified in the Property Specific Conditions, check-in times are from 4pm on the day of arrival and check-out times are before 10am on the day of departure.  Additional pro rata fees are applicable and will be charged should these stated times be ignored at time of stay.

Early check-in or a later check-out can be requested and will be subject to final confirmation with the Accommodation Supplier as this will depend on the arrival and departure of other guests on the changeover days.

The Customer should advise ULH of any specific check-in or check-out requirements when submitting a Booking Request.

If the Party’s arrival is delayed for any reason a member of the Party should inform the local contact person noted on the final documentation which is sent by ULH once the full balance of the Rental Charges is received.

Should any member of the Party experience any delays with their chosen transportation, ULH nor the Accommodation Supplier accepts responsibility for any problems this may cause, or for the curtailment or shortening of the Property rental.

Extras - Concierge Services.

Should ULH or the Accommodation Supplier arrange any extras for the Party in respect of the Property rental (such as baby equipment, extra beds, groceries, additional staff etc.) these charges may be deducted from the Security Deposit if they have been arranged during the Property rental.

Any services arranged by ULH that uses a 3rd party are carried out on the undertanding that the customer is bound to the 3rd parties terms and conditions, complaints or compensation are the responsibility of the customer and 3rd Party, ULH takes no responsibility for any such matters.

If any such extras are pre-arranged they should be paid to ULH in advance of the Property rental.

Pool heating is not included in Rental Charges (unless expressly stated otherwise in the Property Specific Conditions). ULH will advise the Customer of the additional charges for this, which are based on 7 nights (minimum) and no refund can be made if the heating is requested to be turned off during Property rental. These charges may be deducted from the Security Deposit.

Security Deposit and Damage to a Property

Most Accommodation Suppliers require a security deposit in order to guarantee protection of the Property and go towards the cost of any breakages or damage, along with providing payment for any telephone calls and any additional costs which may be incurred during the Property Rental. The Security Deposit is requested to be paid with your final balance of the Rental Charges.

Unless expressly stated otherwise in the Property Specific Conditions, the security deposit amount is 20% of the total Rental Charges and the required amount will be advised on the Booking Confirmation, along with the payment method.

The Customer shall ensure that the Property and all furniture, fittings, effects, facilities and equipment shall remain in the same state of repair and condition as at the start of the rental of the Property. 

Any damage or loss to the Property or its contents during the rental of the Property will be the Customer’s responsibility and will result in an appropriate payment being made to the Accommodation Supplier direct or to ULH as the Accommodation Supplier’s agent. ULH reserves the right to deduct any such amount (to the extent possible) from the Security Deposit.

Additional Customer Responsibilities and Obligations

The Customer is responsible for the correct and decent behaviour of each member of the Party. Should any member of the Party behave in an incorrect or indecent manner ULH shall have the right (on behalf of the Accommodation Supplier) to terminate the Booking and the Party shall, in such circumstances, vacate the Property without any refund.

Pets are not allowed at the Property without prior written permission of ULH or the Accommodation Supplier. An additional security deposit may be required if the Accommodation Supplier does allow any pet.

Any social events and other functions (e.g. weddings, receptions, large cocktail parties) or gatherings of more than the total occupancy of the Property must be agreed prior to arrival at the Property via ULH and with the Accommodation Supplier. If agreed, an additional charge may be applicable.

All valuable items left at the Property are left at the Party’s own risk. Neither ULH nor the Accommodation Supplier are responsible for any loss, damage or consequential losses due to theft or any other security related incident howsoever caused. When renting a Property where appropriate it is the Party’s responsibility to activate burglar alarms (if any), use any safe provided and take proper care against theft.

The Customer shall not and that ensure that no member of the Party shall:

Use the Property for any illegal or commercial purpose;

Sublet the Property or any part thereof or otherwise allow anyone to stay in it who ULH have not previously accepted on behalf of the Accommodation Supplier as a member of the Party.

 

Travel Insurance - Important.

Having to cancel a holiday is something anyone hopes it doesn't happen to them, but to give you peace of mind we strongly recommend to all our clients that you take an insurance policy that protects you in this situation, as the booking terms mean that we (as much as might want to) are not able to offer you a refund despite the circumstances that you as our valued client might be dealing wit

 

Special requests

All requests should be made in advance of your departure date and in writing. We aim to accommodate your special requests but ULH has no legal liability to you in the event that the request has not been complied with.

Passports, Visas & Health requirements

It is the responsibility of each member of your party to check they have the correct and valid passport and/or visas for your chosen destination. ULH cannot accept responsibility for you or your party failing to produce or provide the necessary documents. Any concerns should be checked with the relevant embassy or consulate well in advance of travel dates. You should also check for any necessary vaccinations and/or your doctor's clearance to travel. ULH cannot accept liability for any illness as a result of your failure to check and meet the necessary requirements. If you or any member of your party have a medical condition of any kind or are pregnant, you/they should seek clearance of the proposed travel plans from a doctor. If there are any financial penalties as a result of you not complying with these requirements, these will be your responsibility and that of each member of your party.

Prices

Prices shown on the web-site are based on a 7 night stay for accommodation only for the maximum number of guests in the villa. These prices are updated from time to time but your specific holiday price will be confirmed to you at the time of booking. The price on your confirmation/invoice will remain the same unless the UK or the local government at your holiday destination introduces additional taxes or charges, which we reserve the right to pass on to you. ULH  also retains the right to change the prices agreed at the time of booking to reflect increases or decreases to the applicable exchange rates. 

All our prices are calculated in Pounds Sterling. No price increases will apply once full and final payment has been received.

Amendment/Cancellation by you

Any amendment you wish to make to the original booking request, after the issue of the confirmation/invoice should be notified in writing, and any relevant charge for this amendment will be advised.

Should you wish to cancel the entire holiday, this should be sent in writing and cancellation charges as per our cancellation policy will apply. The cancellation takes effect from the date the written notification has been received when the relevant cancellation charges become due (see table below). Reasons covered by your insurance policy for cancellation should be referred directly to your chosen insurance company to discuss re-covering the relevant cancellation charges.

A cancellation invoice will be sent to you presenting the relevant charges within 7 - 10 days after receiving your cancellation notice.

Number of days before departure date      Cancellation Fee per booking

 13 weeks or more                                            Loss of deposit

 12 weeks or less                                              100% of Holiday Price

N.B. Any variation in the above charges for certain villas will be advised at the time of cancellation.

Cancellation by us

ULH may (on behalf of the Accommodation Supplier) cancel the Booking on behalf of the Accommodation Supplier if:

It becomes aware of any significant change to the relevant Property;

It becomes aware of any health and safety issue with the relevant Property (or its immediate surroundings);

The Property is no longer available due to the fault of the Accommodation Supplier;

Its rental agreement with the relevant Accommodation Supplier terminates due to a breach by the Accommodation Supplier.

9.2 In the event of cancellation pursuant to condition 9.1 ULH may (but is not obliged to):

Aim in conjunction with the Accommodation Supplier/villa management to find a suitable alternative property; and/or

Seek to negotiate a refund from the Accommodation Supplier on the Customer’s behalf in relation to the cancelled Booking together with any other costs, expenses or damages arising from the cancellation including costs of arranging alternative accommodation.

 

Building Work/Noise

Neither ULH nor the Property Owner is responsible for noise or disturbance originating beyond the boundaries of the Property or which is beyond our control. 

Occasionally building work or road work/maintenance and its associated noise may occur, over which in many cases we have little or no control. When and if we receive notification of any planned work from either the Owner, villa management, we will advise you as soon as possible.

ULH accepts no responsibility when we have had no prior knowledge or prior warning. We will assist as much as possible and if necessary assist to find a suitable alternative. Any price difference would be discussed and agreed at the time, however if the alternative offered is more expensive, any additional payment will be your responsibility.

Force Majeure

ULH regrets we cannot accept responsibility for loss, damage, disruption or cancellation of your holiday which has been prevented or affected by "force majeure". This would mean in a case of unusual or unforeseeable circumstances beyond our control that resulted in unavoidable events, even if every opportunity to exercise due care had been taken. For example : War, riots, civil strife, terrorist activity, industrial disputes, natural or nuclear disaster, fire, adverse weather conditions, water level changes, sale of a Property and all other similar events outside of our control. You must ensure you have adequate travel insurance for your holiday and claim via your insurance company.

Complaints

Whilst ULH envisages your holiday going well, you may find an occasion when something is not quite as you would expect it should be. Should you have any such query or complaint during your stay, you must report your problem or concern immediately to the villa management or the ULH Client Services Manager and they will do all they can to assist and resolve this.

If the issue/concern is not made known whilst in resort then this may cause a delay or complication when you return home. The contact at the accommodation will advise ULH of your issues. If you find that the problem has not been resolved during your stay, and you wish to take the matter further, you should send full details in writing within 28 days of your return home.

Once we are in receipt of your complaint in writing we will act as swiftly as we can and contact all concerned to ascertain an acceptable solution and bring the matter to a close.

Should the issue not be raised during your stay any claims for a full or partial refund are invalid.

The Site

The Site and any Bookings made via the Site is for personal and non-commercial use. No bookings or rentals of any of the Properties may be offered for resale without the prior written consent of ULH.

Any descriptions of the Properties and Rental Services on the Site are based on information passed to ULH by the relevant Accommodation Supplier and their representatives which ULH reasonably believes to be correct at the time of publication on the Site.

The descriptions of the Properties on the Site do not constitute advice or recommendations in respect of any Property or the amenities available. Changes by the Accommodation Supplier (or their agents) to the descriptions are sometimes made without prior warning to ULH and ULH cannot guarantee the accuracy of the description and will not be liable for inaccuracies or errors in this information. Any significant changes to the descriptions of the Properties will be corrected promptly on the Site after we are made aware of them.

If ULH becomes aware of any changes to the Property in respect of which the Booking is made or the available amenities which relate to a Booking ULH will contact the Customer as soon as reasonably practicable.

ULH accepts no responsibility for any changes or closures to certain facilities amenities or attractions mentioned in any descriptions on the Site. The Customer accepts that these may (without limitation) be affected by a change to local conditions, such as bad weather, low season, Public Holidays or festivals.

Swimming pools are not heated unless otherwise stated in the description of the Property on the Site. Distances to the nearest beaches are approximate only and depending on location the beach may be sandy, stones or shale.

The photographs throughout the Site are to provide an overview impression of each Property or destination only. ULH does not accept responsibility for changes made to any furniture, colour schemes or views since the photographs were taken.

Liability of ULH

Nothing in these Booking Terms shall exclude or limit ULH’s liability to the Customer you where it would be unlawful to do so. This includes liability for death or personal injury caused by ULH’s negligence or the negligence of ULH’s employees, agents or subcontractors; for fraud or fraudulent misrepresentation.

As ULH acts only as an agent for the Accommodation Supplier, ULH accepts no liability for the Accommodation Supplier’s performance of the Booking or for any act(s) or omission(s) of the Accommodation Supplier or any third party representing, or employed by, the Accommodation Supplier in relation to the Property or the rental of the Property.

ULH also accepts no liability whether in contract, tort (including negligence), for breach of statutory duty, or otherwise for any

Loss of profits, sales or business, agreements or contracts, anticipated savings, data or information; loss or damage to goodwill;

Indirect or consequential loss;

Shortcomings or defects with or in the Property as all Properties are within the sole control of the relevant Accommodation Supplier. 

ULH’s maximum liability to the Customer relating to any fault with making the Booking via ULH is limited to the commission ULH has earned or is due to earn for the Booking in question.

Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. ULH has no control over such decisions, and is therefore unable to accept responsibility for them.

ULH accept no liability or responsibility for the breakdown of mechanical equipment such as pumps, boilers, swimming pool filtration systems, domestic equipment, nor for the failure of public utilities such as water, gas and electricity. Once an equipment fault is reported to either the Property staff, the agent, the Accommodation Supplier or ULH, all necessary and appropriate action will be taken to address the fault as soon as possible. ULH has no liability to fix the fault, and the Customer acknowledges and agrees that responsibility for this lies exclusively with the Accommodation Supplier.

Neither ULH nor the Accommodation Supplier can be held responsible for noise or disturbance which comes from beyond the boundaries of the Property or which is beyond the Accommodation Supplier’s control.

Other important terms

Each of the conditions in these Booking Conditions operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining conditions will remain in full force and effect.

ULH may from time to time amend the Booking Conditions to ensure that they remain compliant with relevant laws and regulations and to ensure that we are constantly improving your experience in using the Site.

Your Responsibility

The Property and all furniture, fittings, effects, facilities and equipment should remain in the same state of repair and condition as at the start of your holiday.  Any damage or loss to the Property or its contents during your stay will be your responsibility which would result in an appropriate payment being made to the Property Owner direct or to us as agent from your security deposit.

The lead person on the booking who has acknowledged our terms and conditions is responsible for the correct and decent behaviour of the party named on the booking form. Should you or any member of your party not behave in such a manner this may result in you and your party being asked to vacate the Property without a refund of the price.

All valuable items left at the Property are done so at your own risk. Neither ULH nor the Property Owner nor our agents are responsible for loss, damage or consequential losses due to theft or any other security related incident howsoever caused. When renting a Property where appropriate it is your responsibility to activate burglar alarms, use any safe provided and take proper care against theft.

Any social events and other functions (e.g. weddings, receptions, large cocktail parties) or gatherings of more than the total occupancy of the Property must be agreed prior to arrival at the property via ULH and with the Property Owner. If agreed, an additional charge may be applicable.

Pets

Pets are not allowed without prior written permission of the Property Owner. An additional security/damage charge may be required if the owner does allow you to bring a pet.

Pool Heating

Some of the villa pools can be heated but this is always at an additional cost. Pool heating costs are based on 9 nights (minimum)  and no refund can be made if the heating is requested to be turned off during your stay.  In the unlikely event that there is a problem with the pool heating that cannot be rectified you will be entitled to a refund on the cost of pool heating only, there is no compensation on the actual accommodation rates for the property itself.  If the pool is an outdoor pool there can be no guarantee that the pool water temperature will reach the temperature set on the heater itself or a temperature requested at the time of booking.  Water temperature is governed by the outside temperature during both the day and night.  If you have any doubts please speak to our reservation team who will be happy to discuss the options further and offer best advice.

How to Contact ULH

If you have any questions or need to contact us in relation to your Booking or these Booking Conditions, please contact ULH in the following ways:

Email address: reservations@uniqueluxuryholidays.com

Postal address: PO Box 3896 Chester, CH1 3AA

Telephone number: +44(0) 1244 956177

Waiver

No failure or delay by the Accommodation Supplier (or ULH on behalf of the Accommodation Supplier) to exercise any right or remedy in connection with a Booking by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

Governing Law and Jurisdiction

These Booking Conditions, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with a Booking, shall be governed by and construed in accordance with the laws of England.

Each party shall irrevocably agrees that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with a Booking.

Schedule – Material Change

a.    Changes to the bedroom and/or bathroom configurations or quantities.

b.    Extensive alterations to the internal layout of the Property(ies).

c.    Extensive changes to the interior décor of the Property(ies) e.g. colour of the walls or flooring etc.

d.    Extensive changes to the dimensions of the swimming pool (if any).

e.    Changes to the heating/cooling systems within the Property(ies).

f.     Changes to the landscape of the exterior gardens or terraces of the Property(ies).

g.    Any deemed reduction in facilities offered within the vicinity of the Property(ies) e.g. Gym, cinema, hot tub etc.

Any other change that is deemed to be ‘material’ in the opinion of the Accommodation Supplier and ULH.