BOOKING TERMS AND CONDITIONS FOR VILLA RENTALS
Your contract is with Villas de Maitre Limited, owner of Art de Vivre Collection, Company Number 4688799, whose registered office is at Riverside House, 44 Wedgewood Street, Aylesbury, HP19 7HL, UK.
Please read these booking conditions carefully as they, together with any specific information about your confirmed arrangements, form the basis of your contract with us.
Art de Vivre provides accommodation-only bookings.
1. YOUR HOLIDAY CONTRACT
1.1 When you make a booking with us you must be at least 18 years of age at the time of booking. You are guaranteeing that you understand and have the authority to accept and do accept on behalf of yourself and all members of your party the terms of these booking conditions. We will only deal with the lead booking name in all subsequent correspondence and dealings, and this means that you are responsible for making all payments due, ensuring the accuracy of all personal details and other information supplied in respect of yourself and your party, notifying us of any changes or cancellations and for receiving correspondence and keeping your party informed.
1.2 All contracts with Art de Vivre are made subject to the terms of these booking conditions and are governed by English law and the exclusive jurisdiction of the English Courts. A contract will come into existence as soon as we issue our confirmation invoice. Please check this confirmation carefully, and let us know of any incorrect or incomplete information immediately.
2. MAKING A BOOKING AND PAYMENT
2.1 Before your booking is confirmed and a contract comes into existence we reserve the right to increase or decrease prices or to change any of the information contained on our website. You will be advised of the current price and any changes to such information before you book.
2.2 When you make your booking you will be required to pay a deposit of 30% of the total cost per person or any higher deposit which applies to your accommodation. Some accommodation providers require higher deposits to be paid to secure bookings during peak periods. If this applies to the accommodation which you have chosen we will advise you at the time of booking. If you are booking within 70 days of the departure date you must pay the full cost when you book. Once your deposit is received, a confirmation invoice will be sent to you detailing the balance of the price that is due. Full payment must be made at least 70 days before your departure date. If you do not pay the full balance on time, we reserve the right to cancel your travel arrangements and retain the deposit by way of cancellation charge.
2.3 Please note that the cost of your accommodation does not include any extra chargeable services that you may use whilst at the accommodation. These are payable by you directly to the accommodation provider before you leave the accommodation.
2.4 Please note that in compliance with the wishes of the owners or management teams of all the properties in our portfolio a damage deposit is required to cover any damages made at the villas/ ski chalets during the time that they will be occupied by you on your holiday. Some owners require that we ask for credit card details so that they may pre-authorise the amount required by them. Others may ask for a cash deposit.
3. IF YOU WANT TO CHANGE OR CANCEL YOUR HOLIDAY
Change or addition to your holiday
3.1 If you want to change any part of your holiday arrangements after the confirmation invoice has been issued we will do our best to make the change, but it may not be possible. Any request for changes must be made in writing by the person who made the original booking. If it is possible to make the change, you will be asked to pay an administration charge of £50 per booking, and any further costs incurred as a result of the change. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible.
3.3 If any person named on a booking is prevented from travelling as a result of illness, the death of a close relative, jury service or other significant reason, we will agree to that person's booking being transferred to another person who satisfies all the conditions applicable to the specific booking, subject to both persons accepting liability for full payment of the holiday cost and any additional costs arising from the transfer. This will also be subject to our suppliers' approval. We must be given at least 14 days written notice of the transfer request. An administration charge will be made of £50 per person for requests made more than 70 days before departure, and £100 per person within 70 days before departure.
Cancelling your holiday
3.4 If you or anyone in your party decides to cancel the travel arrangements at any time we must receive written notification as soon as possible from the person who made the booking. Any notification by telephone must also be confirmed in writing or by e-mail within 24 hours by the person who made the original booking. Cancellation will take effect from the day we are notified provided that written confirmation is received by us within 24 hours of the original notification.
Since we incur costs in cancelling your travel arrangements, the person who made the booking will have to pay the applicable cancellation charges as set out below, depending on when the notification of cancellation is received before the departure date.
Please note, however, that higher cancellation charges may apply to some arrangements. For example, at peak periods, such as Christmas, some accommodation providers require a non-refundable deposit of more than 10% of the total cost to be paid to secure a booking. If this applies to your arrangements, we will let you know at the time of booking and we will also advise you of the cancellation charges which apply. It is a requirement that you take out full travel insurance for you and all members of your party, which will in most cases include cover, under certain circumstances, against loss of deposit or cancellation fees.
Days prior to Departure Date Written Advice of Cancellation Received
% of Total Holiday Cost
More than 60 days:
Loss of deposit
60 days or fewer:
100% of total holiday cost
100% of total holiday cost
4. IF WE WANT TO CHANGE OR CANCEL YOUR HOLIDAY
If we change your holiday before your departure
4.1 We hope and expect to be able to provide you with all the accommodation and/or services we have confirmed to you at the time of booking but please bear in mind that these are provided by independent suppliers over whom we have no direct control. On occasions changes do have to be made, and we reserve the right to make these. Most of these changes are minor and we will advise you of them wherever possible. Examples of minor changes include a change of your accommodation to another of the same standard. If we are required to change your accommodation or any other services in what we consider to be a significant way we will endeavour to advise you as soon as reasonably possible. Significant changes include (but are not limited to) a change in accommodation to that of a lower category. In the case of such a change before your departure we will provide you with three alternatives:
(a) alternative villa of comparable standard and price, if available;
(b) alternative villa of a lower standard together with a refund of the difference in price; or
(c) cancel your booking with a full refund of all monies paid.
4.2 In the case of accommodation bookings we will not be responsible to pay any compensation following a change by us. However, we may offer you replacement accommodation of a higher standard than your original booking. In this event please note that you will be required to pay the increase in cost if the replacement is advertised at a higher price than your original booking.
Changes due to circumstances beyond our control
4.3 We will not be liable to pay any compensation if we are forced to cancel or in any way change your travel arrangements as a result of unusual or unforeseeable situations beyond our control, the consequences of which could not have been avoided even with all due care. These can include, for example, war or threat of war, riots, industrial disputes, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, or epidemics and pandemics. Where circumstances such as these affect your arrangements, we will do our best to assist but we will not be liable to pay any additional costs which may be incurred.
If we cancel your booking
4.4 We reserve the right in any circumstances to cancel your booking for any reason. However (subject to 4.6 below) we will not cancel your booking within 70 days of departure unless it is for a reason outside our control (see changes due to circumstances beyond our control above) or failure by you to pay the final balance on time. If we have to cancel your booking in circumstances other than your failure to pay we will offer you a full refund of all monies paid.
4.5 In the case of accommodation-only bookings, we will not be responsible to pay you compensation following a cancellation by us, nor shall we be liable for any amendment or cancellation fees you incur in terms of other arrangements you have made under separate contracts with third parties. However, in addition to the alternatives set out at 4.1 above, we may also offer you replacement accommodation of a higher standard than your original booking. In this event please note that you will be required to pay the increase in cost if the replacement is advertised at a higher price than your original booking.
5. IF YOU HAVE A COMPLAINT WHILE YOU ARE ON HOLIDAY
5.1 If you have cause for complaint whilst on holiday, you must bring it to the attention of our local representative or agent and the relevant supplier immediately.
They will endeavour to rectify the situation and put things right. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If you do not raise concerns immediately, this may affect our ability to investigate and take remedial action and it may impact on the way your complaint is dealt with.
5.2 If a problem is not resolved during your holiday, you should make a complaint to our Client Relations Department at Art de Vivre, 70 Wendover Road, Aylesbury, HP21 9LW within 28 days of your return home. Please remember to quote your holiday booking number, telephone number and any other relevant information. We will reply to you within 28 days of receipt of your letter.
6. OUR COMMITMENT TO YOU FOR YOUR HOLIDAY ARRANGEMENTS
6.1 Where you book accommodation which is advertised on our website, we have a duty to select the accommodation provider with reasonable skill and care. We have no liability to you for the actual provision of the accommodation, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or any other third party. We also have no liability in the following situations:
(a) where the accommodation cannot be provided as booked due to circumstances beyond our control;
(b) where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you;
(c) where you incur any loss or damage that relates to any business activity;
(d) where any loss or damage relates to any services which do not form part of our contract with you; or
(e) where the accommodation is not advertised on our website but has been selected by you and booked by us on your behalf and at your request.
6.2 If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of twice the cost of your accommodation. This limit does not apply to cases involving death or injury.
7.1 When you make a booking through us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the arrangements and/or cease to deal with any party member(s) whose behaviour is such, in the reasonable opinion of us or our suppliers, as to cause or to be likely to cause danger, upset, disruption or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may incur. If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party as a result. Criminal proceedings may also be instigated.
7.2 Any accommodation we arrange for you must be used only by the people specified on your booking form. You are not allowed to share the accommodation/ the facilities of the property at any time or hold parties, or dinners for guests without informing Art de Vivre and being given permission to do so.
8.1 It is essential that you and all members of your party have travel insurance cover and that it is adequate for your needs and the type of holiday which you have chosen. Ski holidays, activity breaks and holidays to remote destinations may all require special policies. You are responsible for ensuring this and it is a condition of booking with us that you do. Your insurance should cover the cost of cancellation of your travel arrangements by you, and assistance (including medical costs and repatriation) in the event of accident or illness overseas, as well as compensating you for permanent injury, death, delays, cancellation, curtailment, missed departure, personal liability or loss of baggage and personal possessions. It is your responsibility to comply with the insurance company's requirements and you must disclose to the insurance company any relevant information such as pre-existing illnesses.
10. FOREIGN TRAVEL ADVICE
10.1 It is your responsibility to ensure that you are up-to-date with the latest foreign travel advice as issued by the government. For British Citizens, this is available to read on the following website: www.gov.uk/foreign-travel-advice . Non-British citizens should check their own government's travel advice website(s). We will always do everything we can to alert you to any instances when The Foreign & Commonwealth Office is advising against travel to the area to which you are booked, but you are required to check the relevant government website for the most up-to-date advice.
11. ADDITIONAL SPECIFIC POINTS AS REGARDS TO VILLA / SKI CHALETS BOOKINGS:
11.1 USUAL VILLA RENTAL INCLUSIONS: Rental of the property and its gardens per week, utilities (unless indicated otherwise), pool towels and linens. Additional inclusions may also apply: please see the individual villa description on the Art de Vivre website for full details.
11.2 SKI CHALETS: Inclusions vary from chalet to chalet. Please see the individual chalet brochure for full details.
11.3 EXCLUSIONS: The following are normally not included in the cost of villa holidays unless indicated otherwise: Cost of obtaining meals, beverages or sightseeing not specified above, gratuities for staff, personal expenses such as telephone / internet charges and laundry, cook / nanny, cot linen, heating and / or air-conditioning, pool heating, travel insurance, excess baggage charges, airfares or airport taxes, optional activities, ski lift passes, ski equipment rental, anything not specifically included in the inclusions list, any Government levies or taxes introduced after the publication of the relevant brochure and website, car rental or transportation to and from the property. Sometimes telephone, internet, fax, heating, air-conditioning and pool heating charges are charged separately and will be payable locally on departure. Payment can be made by credit card if preferred.
11.4 EXTRA SERVICES: The Art de Vivre team will be happy to arrange further services, sightseeing and activities whenever possible according to request.
11.5 MINIMUM LETTING PERIODS: During high season, the minimum letting period for a villa is seven nights. However in low and mid seasons, some villas may be rented for shorter stays. Please contact us for details. Most villas are predominantly available for rental from Saturday to Saturday. Any villas with an alternative start day will be signalled at time of booking. Certain properties are only available for a minimum rental period of two weeks or longer. If this is the case for the property you have chosen, this will be brought to your attention at the point of enquiry.
11.6 YOUR SAFETY & PROTECTION: The safety standards and regulations are those of the country you are visiting. As a result, please be careful when in unfamiliar buildings or surroundings, and get to know the escape route from your property in case of fire. Properties may include "hazards" such as open staircases, unfenced areas, mezzanines, open drops etc, and it is imperative that your party take responsibility for their own safety. As with all rental properties in prime locations there may be a small risk of burglary. Where provided, please take advantage of burglar alarms and safes and take every precaution against theft and burglary. Any valuables left at the property are left at your own risk. Neither Art de Vivre nor the property owner nor our agents can take responsibility for any loss or damage.
11.7 SWIMMING POOLS: The majority of our properties have swimming pools, which are not manned. Some swimming pools have safety features such as pool alarms, covers and fences, but not all. Please familiarize yourself thoroughly with the depth of the pool and how to get out, and exercise safety and caution at all times, especially with children, non-swimmers and if diving. Children and non-swimmers are your responsibility at all times. Swimming pools are usually made available between mid-May and mid-September in Europe. If your rental falls outside high season early (usually early June to end August in Europe) even heated pools (with boiler/ solar-panel systems), designed to extend the season and boost temperatures, may not be warm enough to swim in if night time temperatures are low, or there is unseasonable weather. Art de Vivre cannot be held responsible for such conditions affecting pool temperatures. Pool heating is included in some villa rentals and charged at a supplement at others. Please see the villa description for details. Where pool heating is charged at a supplement, this is usually payable locally.
11.8 ARRIVAL & DEPARTURE TIMES: To allow time for cleaning, we would ask you to arrive only between 4pm and 7pm on the first day of your stay, and to vacate the property by 10am on the departure day unless otherwise specified. If your arrival is delayed please contact us or the villa owner directly.
11.9 TELEPHONES / INTERNET: Telephone and internet arrangements vary from property to property and are sometimes metered (charges payable locally on departure). In some cases there is no landline telephone and due to the rural nature of many of our villas, cell telephone networks may be weak or non-existent. There may be occasions when internet service is weak, or interrupted and whilst every effort will be made to resume the service, please note that Art de Vivre cannot be held responsible for loss of internet access (or the consequences of loss of access) during your holiday.
11.10 PETS: Pets are generally not permitted but please check with the Art de Vivre team at time of booking.
11.11 LOCAL WILDLIFE: Please note that many of our villas are located in rural areas, where wildlife such as animals and insects are as natural a part of the landscape as the grass and the trees. It would not be particularly unusual to encounter animals, such as rodents, deer, goats, cats (stray or belonging to nearby locals), or insects such as wasps, bees, flies, ants or scorpions and spiders. Insects and animals can be attracted to swimming pools, nearby streams or ponds, local vegetation or sometimes food left out following an al fresco meal. We would urge you to keep doors and windows closed as far as practicably possible and to clear all remains of food following an outdoor (or indoor) meal. Please do not purposefully feed any local animals - it will encourage them to return and they may not be so welcome to the next guests. Please note that Art de Vivre cannot be held accountable for the presence of animals or insects at the villa you choose. If you suffer allergies triggered by animals, please let us know before booking - whilst we cannot guarantee animals will not be present, we can recommend villas where the possibility is lessened (for example where we know owners have not kept animals).
11.12 VEHICLES: If you are intending to take or rent a sports or low slung car on holiday, we advise you to check at time of booking whether the access to the property allows for such a car. Please note that many of the properties are located along uneven roads. These are passable using conventional vehicles, but it is worth considering carefully the model of vehicle you choose to drive. Your Art de Vivre team will be able to advise you on this.
11.13 FACILITIES FOR INFANTS: All properties will contain at least one cot and one high chair. If you require additional items, please advise us at time of booking. A small charge to supply additional facilities may apply.
11.14 RENTAL PROPERTY DESCRIPTIONS: Every effort is made to ensure that the details, description and prices contained in our documentation and / or website are correct, based on inspections and information passed to the Company by its suppliers. However changes do occur, sometimes at short notice and therefore the Company will advise you at the time of booking, or if after booking as soon as possible of any such changes to our published information. It is not always possible for the Company to control all elements of the holiday whereby advertised facilities can sometimes become unavailable at short notice due to inclement weather conditions, lack of demand, emergency repair works, etc.
12. GOVERNING LAW:
12.1 This contract and any matters arising from it are governed by the laws of England and Wales and are subject to the jurisdiction of the Courts of England and Wales.