2.1 The following terms shall have the following meanings for the purposes of this agreement:
'Accommodation' means the property to be provided to the Client for the Holiday Period.
'Booking Form' means the Booking Form (set out overleaf) specifying the Client's details and the Accommodation to be provided during the Holiday Period
'Cancellation' is defined in Clause 6
'Deposit' is the non-refundable payment of £150 ($250) per week of the Holiday Period (more specifically defined in Clause 14)
'Holiday Period' means the period of time between 4.00pm on the Arrival Date (specified on the Booking Form) and 10.00am on the Departure Date (specified on the Booking Form)
'Payments' means those payments set out at Schedule 1
'Rental Cost' means the payment due from the client to KSV for the provision of the Accommodation for the Holiday Period
The Client appoints KSV to provide the Accommodation as described in the Booking Form for the Holiday Period in return for the Payment.
4.1 Accommodation to be provided by KSV
4.1.1 KSV agree to provide the Accommodation (and any optional extras) specified on the Booking Form for the Holiday Period.
4.1.2 The Client will be asked to view or KSV will send the Client photographs of the chosen villa. KSV agree that if the Client is not satisfied with the Accommodation for whatever reason, it will use its reasonable endeavours to make appropriate changes to the Accommodation for the Holiday Period in order to satisfy the Client's requirements or, where possible, to re-locate the Client (with the Client's approval) to the other Accommodation. For the avoidance of doubt, however, KSV cannot guarantee that other Accommodation will always be available.
4.1.3 KSV reserve the right (for reasons beyond its control) to change the Client's Accommodation before the end of the Holiday Period. KSV shall use reasonable endeavours to relocate the Client in similar accommodation, and shall not be liable for any inconvenience or disappointment caused through such alteration.
In consideration of the services to be rendered by KSV under this agreement, the Client agrees:-
5.1 To make the Payments (as set out at Schedule 1) promptly;
5.2 To adhere to KSV's requirements in relation to arrival and departure (i.e. the Accommodation will be available at 4.00pm on the day of arrival and must be vacated by 10.00am on the day of departure).
5.3 That only those persons named on the Booking Form shall reside at the Accommodation. The client cannot sub-let totally or partially the property to which the client has booked.
5.4 If BBQ facilities are provided for your use, you must ensure you clean it before you leave the property otherwise additional charges can be made. The properties are non smoking. If there is evidence you have smoked in the property, your security deposit can be retained.
5.5 The rental price of your accommodation includes a final clean of the property. The laundering of bed linen and towels are also included except for stays of less than 5 days. Please make sure all soiled bed linen and towels are left in the bath upon departure. If the second set of linen and towels are used during your stay, an additional charge will apply.
5.6 The client is obliged to permit the owner or other persons and/or professionals, access to the dwelling to carry out any necessary repair work to the property.
5.7 If when you are there is something wrong with your accommodation, you must report this immediately to the local property agent as advised. Events cannot be rectified if we do not know about them, and cannot be rectified later when you return home.
5.8 Any illegal disputes in relation to the property will be dealt with in the English Law Courts and is a matter between the client and the owner of the property. The client acknowledges that KSV Ltd is acting as an agent for the owners of the property, and therefore shall not be personally liable on the company arising out of the leasing contract or otherwise.
The Client may cancel this agreement at any time before the Holiday Period (“Cancellation”), although the Client shall then be liable to pay to KSV the following:-
6.1 Where Cancellation is more than 90 days prior to the commencement of the Holiday Period, the Client shall forfeit the Deposit only.
6.2 Where Cancellation is between 60 - 90 days before the commencement of the Holiday Period, the Client shall be liable to pay to KSV 50% of the Rental Cost together with as the Deposit.
6.3 Where Cancellation is less than 60 days prior to the commencement of the Holiday Period, the Client is liable to pay to KSV the total Rental Cost together with the Deposit.
6.4 Car Hire cancelations are none refundable once vouchers are issued.
All cancellations must be notified by the Client in writing to KSV.
7.1 KSV or any representative of KSV shall not be liable to the Client for the death of or injury to the Client or loss or damage to the Client's property unless due to negligence and/or failure of KSV to perform its obligations under this agreement or under the general law.
7.2 For the avoidance of doubt, none of the Payments include the cost of appropriate travel/holiday insurance, and the Client is advised to take out appropriate cover.
7.3 In particular, wish to draw to the attention of the Client that where the Accommodation includes a swimming pool, care must be taken and children supervised at all times.
7.4 The Client's Accommodation may be situated on developments which consist of both residential and vacation homes. KSV shall not be liable to the Client for any noise, nuisance or inconvenience suffered as a result of any ongoing construction work being carried out.
7.5 Payments, unless otherwise stated are exclusive of VAT and other duties or taxes. Understands that VAT shall be not be paid in respect of such Payment however the Client agrees that any VAT or other duties or taxes that become payable in respect of the Payments shall be payable in addition to such sums.
KSV reserve the right to make a charge of £50.00 ($100.00) per alteration to the Booking Form should any of the details require amending after completion. Should this be the case, the Client must notify KSV in writing of any relevant changes and KSV will use all reasonable endeavours to ensure that such changes can be accommodated.
Car Hire amendments are £50 before rental vouchers are issued and £75 after rental vouchers are issued.
All sums due from the Client to KSV which are not paid on the due date (without prejudice to the rights of KSV under these Terms & Conditions) shall bear interest at the annual rate of 4% over the base lending rate of HSBC Bank Plc.
Both parties shall be released from their respective obligations in the event of national emergency, war, strikes, riots, political unrest, industrial disputes, fire, flood, prohibitive government regulations, extreme weather conditions or any other causes beyond the reasonable control of the parties, or either of them renders the performance of this agreement impossible whereupon all monies due under this agreement shall be paid immediately and in particular, the Client shall immediately pay to all arrears of Payments due.
If any provision of this agreement is declared by any judicial or other competent authority to be void, voidable, illegal or otherwise unenforceable, the remaining provision of this agreement shall remain in full force and effect unless, in KSV's discretion, decides that the effect of such declaration is to defeat the original intention of the parties in which event shall be entitled to terminate this agreement by giving 30 days notice to the Client and returning any Payments received.
This agreement shall be governed by English law in every particular including formation and interpretation shall be deemed to have been made in England.
Any proceedings arising out of or in connection with this agreement may be brought in any Court of competent jurisdiction in England and Wales.
The submission by the parties to such jurisdiction shall not limit the right of KSV to commence any proceedings arising out of this agreement in any other jurisdiction it may consider appropriate.
The failure by either party to enforce at any time or for any period of any one or more of the terms or conditions of this agreement shall not be a waiver of them or of the right at any time subsequently to enforce all terms and conditions of this agreement.
A party who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any terms of this agreement.
B. RENTAL COST
C. SECURITY BOND
There is also a Security Bond to pay on every villa rental; you do have 2 options here:
IMPORTANT ADDITIONAL INFORMATION
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