Cosmic Villas Booking Terms and Conditions
Telephone: +44 20 8838 4466
Cosmic Villas Limited - Booking Terms and Conditions (BTC's)
For the avoidance of doubt it is agreed by the Customer and CVL: That CVL is acting and hereafter will act solely as an agent of the Owner and that it is not acting and will not act hereafter as a principal; and Any dispute or proceedings on the part of the Customer must be directed against the Owner and not against CVL.
1.1 In these BTC's the following terms have the following meanings:-
"Accommodation" means the property that the Customer books for rental following an introduction to an Owner by CVL.
"Balance of Payment" means the sum requested by CVL, as agent for the Owner, that is specified in the Payment Terms and confirmed in the booking confirmation.
"Breakage Deposit" means the sum requested by CVL, as agent for the Owner, that is specified in the Payment Terms and confirmed in the booking confirmation.
"BTC's" means these terms and conditions included in conditions 1 to 13 hereof and any agreed variations thereof made in writing by CVL to the Customer.
"Contract" means any contract or agreement in writing between the Customer and CVL for the Services, incorporating these BTC's.
"Customer" means the person detailed in the booking enquiry form.
"CVL" means Cosmic Villas Limited (Company Number 05279227), whose registered office is at Suite 7, Cumberland Business Park, 17 Cumberland Avenue London NW10 7RT who are acting as agent for the Owner.
"Deposit" means the sum requested by CVL that is specified in the Payment Terms and confirmed in the booking confirmation.
"Force Majeure" means any unusual or unforeseeable circumstances beyond CVL's control. These can include, for example, war, threat of war, riot, civil disturbances, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, health risks, technical problems, closure or congestion of airports or ports, cancellation or changes by scheduled airlines, actual or potential adverse weather conditions and other such events outside of CVL's control.
"Owner" means the person who is entitled to advertise the Accommodation for holiday rental through this Website including but not limited to the owner, the owner's agent or management company.
"Payment Terms" means the payment terms for the Accommodation as detailed on the rental property card for the Accommodation on the Website.
"Rental Cost" means the total cost for renting the Accommodation (excluding the Breakage Deposit).
“Deposit Fee” means the sum equivalent to 40% of the total Rental Cost requested by CVL that is specified in the Payment Terms and confirmed in the booking confirmation.
"Services" means the introduction by CVL, acting as agent for the Owner, of the Customer, pursuant to these BTC's, to the Owner.
"Website" means www.cosmicvillas.com
2. Formation of the Contract
2.1 The Contract for the rental of the Accommodation is a contract between CVL, acting as agent for the Owner, and the Customer. Whilst CVL uses its reasonable endeavours to ensure the quality and integrity of the Owner whom it introduces to the Customer, CVL, subject to condition 6.1, cannot accept and does not accept any liability for any losses suffered by the Customer or their party resulting from breaches by the Owner of its obligations to the Customer.
2.2 When the Customer books any Service from CVL, the Customer shall do so subject to these BTC's and these BTC's shall form the basis of the Contract between CVL and the Customer in respect of the Services. The Contract constitutes the entire agreement and understanding between the Customer and CVL in relation to its subject matter. These BTC's shall apply except so far as expressly agreed in writing by a person authorised to sign on behalf of CVL. No servant or agent of CVL has power to vary these BTC's or the Contract orally. By proceeding with a booking, the Customer acknowledges that they have read and understood the BTC's and agree to be bound by them.
2.3 The Owner may stipulate further terms and conditions in relation to the rental of the Accommodation by the Customer and it is the Customer's responsibility to request and obtain a copy of the Owner's terms and conditions from the Owner direct.
2.4 When the Customer makes a booking the Customer must be aged over 18 years and the Customer guarantees that they have the authority to accept and do accept these BTC's on behalf of the Customer's party.
2.5 When the Customer wishes to book Accommodation the Customer will be required to complete a booking enquiry form via the Website. Once CVL, receive the completed booking enquiry form they shall check the Accommodation's availability and confirm availability with the Customer. CVL shall then send the Customer an e-mail to complete and the booking process and the Customer will be required to pay: -
40% - Deposit is payable immediately (Deposit Fee)
60% - Balance is payable 12 weeks prior arrival Breakage Deposit - 12 weeks prior arrival
2.6 A Contract for the provision of the Services will exist as soon as CVL receives the fully completed booking form and the Deposit Fee.Until then neither CVL nor the Owner shall be under any liability to the Customer whatsoever.
2.7 CVL reserve the right to refuse the Customer's booking. If CVL does this CVL will refund the Deposit Fee.
2.8 If any part of the Rental Cost or the Breakage Deposit is not paid on time and in accordance with these BTC's: -
2.8.1 CVL may immediately cancel the provision of the Accommodation and retain any sums paid to them prior to that date; and
2.8.2 the Contract shall terminate and CVL shall be permitted to retain the Deposit Fee.
2.9 The ticking of the box on the Website or acceptance by the Customer of the Services and payment of the Deposit Fee shall constitute acceptance by the Customer of these BTC's.
2.10 The Contract is made on the terms of these BTC's, which are governed by English Law, and the exclusive jurisdiction of the English Courts.
2.11 If the Owner is unable to accept the Customer's booking CVL shall return the Deposit Fee as soon as reasonably possible.
2.12 All notices to be served under the Contract shall be served by first class pre-paid post, facsimile message or e-mail at the home address, registered office or principal trading address of the intended recipient. Notices shall be deemed served when they would ordinarily have been received in normal business hours according to the means of transmission of such notices.
3. Confirmation & Payment
3.1 The Customer is responsible for all payments in respect of the Accommodation and should immediately check the booking confirmation that they receive from CVL. The Customer must contact CVL straightaway if any information appears to be incorrect as it may not be possible to make changes later.
3.2 The Owner is responsible for providing the Accommodation that CVL have confirmed to the Customer. If the Customer cancels or alters the booking later on, the Customer may have to pay an amendment charge.
3.3 If the Customer books through a travel agent CVL will assume that in dealing with CVL the agent is acting on the Customer's behalf.
3.4 The Balance of Payment must be paid to the CVL in accordance with the Payment Terms and as confirmed in the booking confirmation. Immediate payment of the Balance of Payment is required when booking, if at the time of booking the date of arrival at the Accommodation is within the time period for payment of the Balance of Payment, as specified in the Payment Terms. In the event of any conflict between the Payment Terms and the booking confirmation, the booking confirmation shall take precedence in relation to that matter.
Occasionally, the Owner may have to make changes to the Accommodation and the Owner reserves the right to do so at any time. The Owner also reserves the right in any circumstances to cancel the Accommodation. If the Owner is unable to provide the Accommodation, the Customer will receive a full refund from CVL.
5. Customer's Responsibility and Complaints
The Customer agrees to report to the Owner any deficiency in the Accommodation as soon as possible, to exercise due and reasonable care in respect of the Accommodation and its contents, to leave it as it was found in a clean and complete condition, to respect local and on-site regulations and bye-laws, to limit party numbers to those on the booking confirmation, to remit payments as requested on or before the due dates, to indemnify CVL and the Owner against all loss or damage arising directly or indirectly from any act, default or omission of the Customer's party, and not to exceed the occupation capacity of the Accommodation. Any serious abuse of the Accommodation or its contents may render the Customer and their party liable to eviction without compensation.
6. CVL'S LIABILITY TO THE CUSTOMER
6.1 Nothing in these BTC's excludes CVL's responsibility for death, injury or illness caused by the negligent acts and/or omissions of CVL's employees, whilst acting within the scope of, or in the course of their employment in the provision of the Accommodation. CVL are not responsible if the failure:
- is attributable to the Customer or a member of the Customer's party;
- is attributable to a third party unconnected with the provision of the Services to the Customer, and is unforeseeable or unavoidable; or
- is due to Force Majeure.
6.2 If CVL accept any liability or are adjudged to be liable for a claim that the Customer makes, the Customer must assign to CVL any rights against a supplier or any other person or party they may have relating to the claim and the Customer agrees to co-operate fully with CVL should CVL or CVL's insurers wish to enforce those rights which have been assigned to CVL or which CVL are subject. This assignment is necessary to enable CVL to try to recover from suppliers any compensation paid to customers and associated costs as a result of a personal injury to customers caused by the negligence of suppliers.
6.3 If a court of competent jurisdiction determines that any of the limits on the CVL's liability, as detailed in these BTC's, are unenforceable, then the Customer agrees that in any event CVL's total liability to the Customer and their party shall not exceed the Deposit Fee.
This does not affect the customer's statutory rights as a consumer, nor does it affect the customer's contract rights (including cancellation rights).
To the fullest extent permissible under applicable law, CVL disclaim any and all representations, warranties, conditions, duties and other terms of any kind, whether express or implied by statute, custom or usage of every nature whatsoever, except any duties of good faith, (including, without limitation, any express or statutory warranties, and any conditions or warranties whether they are implied or not by law of satisfactory quality, non-infringement, compatibility, security, merchantability, accuracy, fitness for particular purpose, timeliness, conditions of completeness, performance, availability, lack of negligence or of workmanlike effort and the use of reasonable care and skill or any implied warranty arising from course of dealing or usage or trade) which but for these BTC's might have effect in relation to the Services provided by CVL.
This does not affect the customer's statutory rights as a consumer, nor does it affect the customer's contract rights (including cancellation rights)
8. Travel Insurance
The Customer is required to take out a travel insurance policy. It is the Customer's responsibility to do this.
9. Accuracy of Information and Photographs
9.1 CVL have taken care to ensure published information and prices are accurate, but if CVL identify an error or omission following publication, CVL will inform the Customer before confirming the Customer's booking. The revised information will then form part of the Contract. If an error or omission is discovered after the Customer's booking is made, CVL will try to advise the Customer prior to their arrival at the Accommodation. There may however be occasions when an advertised facility is either modified or not available. The Contract between CVL and the Customer is based solely on the Website.
9.2 General and unlabelled pictures are understood to illustrate an aspect or the region or the country, and not to have any specific connection with any Accommodation featured on the same or other pages. Furniture may sometimes vary from Website pictures due to refurbishment.
10. Swimming Pools and Other Facilities
Where a swimming pool or any other facility is referred to as being available for use, such availability is at the Owner's discretion and is understood to be conditional upon: - (a) seasonality (often mid June to mid September depending on region); (b) favourable prevailing weather conditions as judged by the local Owner; (c) temporary or unavoidable closure necessitated by: - the Owner's essential maintenance programme, accident, damage or malfunction of equipment, and in the case of swimming pools: compliance with any water conservation regulations imposed in times of drought, damage or malfunction of the mains water supply. The above are understood to be a result of Force Majeure and not to reflect on CVL's failure to deliver an advertised facility.
11. Behaviour and Accommodation
11.1 The Owner reserves the right in their absolute discretion to terminate the occupation of the Accommodation by the Customer and their party, if the behaviour of the Customer and any of their party, is likely, in the opinion of the Owner to cause distress, damage, annoyance or danger to the Owner, any third party or their property. CVL will not give any refunds and the Customer will be responsible for any expenses CVL or the Owner incurs as a result of the behaviour of the Customer and their party. Furthermore, CVL will be under no obligation whatsoever to pay the Customer compensation or cover any costs the Customer or any of their party may incur as a result of having to make alternative arrangements. CVL reserves the right to refuse any bookings that CVL think will be a nuisance to the Owner.
11.2 Accommodation is reserved exclusively for the number of people stated on the booking confirmation form and no other persons are permitted to stay at the Accommodation unless this has been agreed with the Owner in writing and appropriate payments made (if applicable). The Accommodation is for normal holiday use only and pets/animals are not allowed.
11.3 Should the Customer or any member of the Customer's party be responsible for any breakages, loss or damage of any item of the property or if additional cleaning has been necessary, a charge will be made locally by the Owner. This will be deducted from the Breakage Deposit where applicable. Any balance of the Breakage Deposit will be returned to you once we have received the Owner's breakage report.
11.4 From time to time, building work and its associated noise is unavoidable. CVL do not control such work, and CVL do not receive advance notice of when it will begin.
11.5 Care must be taken with windows, especially full length glass patio doors. The glass may not be toughened and occasionally in a strange environment accidents occur more easily than they can do so at home. CVL are not liable for damage caused by glass doors and windows.
11.6 Neither the Owner nor CVL claim that any Accommodation is totally child friendly or safe and care should always be taken, especially around the pool area with supervision being given to children at all times. Some Accommodation is better suited than others for young children and the less mobile. The Customer should fully investigate the suitability of the Accommodation before booking. The care and safety of the members of the Customer's group is the Customer's responsibility.
11.7 If the Customer has any concerns about the safety of the Accommodation please contact the Owner immediately.
11.8 The Accommodation is booked from 4pm on the arrival date to 10am on the departure date. On arrival the maid may still be tidying up until as late as 4pm. On departure the maid may turn up as early as 8am in order to start preparing the Accommodation.
12. Data Protection
13. Changes to Terms & Conditions
These BTC's supersede all previous contract terms issued by CVL. CVL reserve the right to change the Website and the BTC's at any time.
Cosmic Villas Limited
Suite 7, Cumberland Business Park
17 Cumberland Avenue
London NW10 7RT
Tel ++ 44 (0)20 8838 4466
Issue Date 2nd May 2018