BOOKING TERMS & CONDITIONS
These Booking Terms & Conditions and the General Booking Information contained on our web site will form the basis of your agreement with Xhavi Luxury Collection, represented by Carlos Xavier ("the Company"). They apply only to holiday arrangements which you book with us and which we agree to make, provide or perform as applicable as part of our agreement with you and no other third party.
A contract only exists between Xahvi Luxury Collection ("we/our/us") and the "Clients" from the time a confirmation/invoice is dispatched, and or payment is made or if Credit card / Debit card / facilities / bank transfer are being used / made, from the time of authorisation via the client giving Xhavi Luxury Collection / Carlos Xavier, card details or funds received via transfer to our bank.
To make a booking with Xahvi Luxury Collection a Booking Form will need to be accurately completed and returned. Or in the event a booking is made without completing a Booking Form, for instance a telephone booking, it is a condition that the information is accurately given. A telephone booking is a contract between Xahvi Luxury Collection ("we/our/us") and the "Clients" from the time a Confirmation/Invoice is dispatched or when Credit Card / Debit details have been taken and processed. We require a deposit of 25% if booking ten or more weeks prior rental start date, or full invoiced amount if booking made less than 10 weeks, this has to accompany the Booking Form. Once this payment has been made deposit / balance a contact then exists. Until that time no contract or agreement will be considered to exist between us, unless a telephone booking / payment has been made where a contract then exists. If payment of deposit or full rental amount has not been received within 5 days from the time of booking, we reserve the right to take the balance / deposit from the card details provided, or the full amount if booking within 10 weeks of departure.
3.PARTY LEADER AND GROUP COMPOSITION
The Party Leader is the person or agency who holds the booking, to whom all correspondence and invoices are addressed and who is responsible for the rental. Spouses' names are not considered interchangeable. Accommodation is provided only for those on the Booking Form. Any additional persons wishing to book are required to notify us, as soon as possible and make confirmation in writing with any payment due immediately, unless we advise otherwise, but no later than 8 working days before departure or we reserve the right to refuse any such persons and may cancel the booking. No persons other than those stated on the Booking Form or accepted at such later date by Xahvi Luxury Collection as additional persons shall be entitled to utilise and have the benefit of the accommodation and facilities of the property. The number of people staying at the villa must not exceed the maximum number as shown in our website. You must inform us if your party is made up of a single sex group or the group is made up adults under the age of 30 years old. If you do not inform us of any these points we reserve the right to cancel or charge a damage deposit of up to 4000.00. Subletting, sharing or assigning the accommodation is prohibited. In the event that a person not named on the Booking Form or accepted as an additional person is deemed by us as agents as utilising the accommodation and facilities, we reserve the right to raise an additional charge for such accommodation etc, which shall be the joint and several liability of the clients. Additionally, should any activity or large gathering of people other than those noted on our invoice take place (e.g. party, wedding reception) we must be informed about it at the time of booking or through our Villa Representative in resort beforehand. You will be charged an extra cost for cleaning / maid service / surcharge and a further security deposit may apply. Our villas are let for holiday purposes only and commercial activities may only be carried out with our prior knowledge and or written approval on our invoice. This extra charge varies depending on the property and can be deducted from your credit or debit card without further notice.
All rental periods are indicated on your final invoice. Prices shown on our website refer to one week rental period. The rental charge includes: The Villa for the rental period; a weekly change of bed linens, bath towels; house wares such as linens, cooking utensils and china; electricity; water and hot water from taps; garden and pool maintenance; all local taxes. It does not include: outgoing telephone calls; Extra Services as requested; repairs for damages to the property caused by your party; food; travel; car rental; travel insurance; staff gratuities.
5.PRICE & THE PAYMENT SCHEDULE
The price quoted on the rental Invoice is the contractual rental price. This will be referred to as the Invoice Price. Changes to the prices might occur during the year and updated information are posted on our website. If changes occur to the prices appearing on the website, the Invoice Price will not change for existing reservations. The due date will be clearly stated on your confirmation invoice, if the balance is not paid in time we reserve the right to cancel your holiday, retain your deposit and apply cancellation charges.
The payment schedule for the rental price is as follows:
If the initial reservation is received more than 10 weeks before rental start date, the completed Booking Form must be accompanied by a deposit of 25% of the total Invoice Price within 5 working days.
The balance of total invoice will be due 10 weeks prior to rental start date;
If the initial reservation is received less than 10 weeks before rental start date, the completed Booking Form must be accompanied by 100% of the total Invoice within 5 working days.
If payments are not received on time we reserve the right without prior notice to cancel the booking outright and apply cancellation charges.
6.METHODS OF PAYMENT
Payments can be made by: Bank transfer, debit/credit card, PayPal, or personal cheque.
Please note that using your credit card is subject to a service charge.
European Visa or Mastercard, 1,5%
American Express, 3%
Any other currency except Euros and British Pounds, 4%
Once you have made a booking and paid a deposit, we guarantee that the cost of your holiday will not change, no matter what happens to exchange rates or aviation fuel costs. The only exception is Government imposed cost increases such as VAT.
8.DAMAGE DEPOSIT & BREAKAGES
Any damage caused by clients, or any third party invited by them to the accommodation, shall be the joint and several liability of the clients. Liability under this clause shall be the cost of replacement and/or reinstatement, which will be deducted from the breakage deposit. Should the amount of breakages/damages costs exceed the amount of the deposit, an invoice for these costs together with any administrative charge and/or legal expenses incurred will be raised. Delivery of our invoice representing the costs of replacement and/or reinstatement shall be deemed to be accepted by the clients as their liability to us under this clause. When final payment is made by debit/credit card, the breakage deposit will be excluded from the final payment for UK customers only, but we will have authority to deduct up to the value of that replacement and/or reinstatement through / via the account holder's debit/credit card, should breakages/damages occur during the client's occupation of their property. Clients who do not pay by credit/debit card or reside outside of the UK must send a cheque/transfer to cover the damage deposit (this amount will vary from villa to villa and from booking to booking depending on party size and make-up) with their final payment. Should the amount of breakages/damages costs exceed the amount of the deposit, an invoice for these costs together with any administrative charge and/or legal expenses incurred will be raised. (delivery of our invoice representing the costs of replacement and/or reinstatement shall be deemed to be accepted by the clients as their liability to us under this clause) Wedding celebration breakage deposits are to be paid via bank transfer with final balance and will be returned no later than 14 days from the date of departure stated on your invoice subject to zero damages.
9.FINAL BILL / CHECK OUT AT SOME DESTINATIONS
The Final Bill is completed by the house manager/owner/caretaker. Details of any additional charges such as: final meter readings for utilities (central heating...); Extra Services arranged locally (maid, babysitter...); repairs required as a result of damages caused by the rental party. The Final Bill is presented by the housemanager/owner/caretaker at the conclusion of the rental period and is payable to him/her in Euros (cash or debit credit card as indicated on our website). Both the Party Leader and the housemanger/owner/caretaker are required to sign the Final Bill. Under extreme circumstances only, the amount shown on the Final Bill may be invoiced and paid through Xahvi Luxury Collection on the understanding that a £20 administration fee will be added to the amount due. Invoices for any outstanding items will be forwarded to the client as soon as they are received. Please note that in some areas the telephone company issues bills only every other month, so it may be several weeks before this is submitted. These charges may be paid by credit/debit card.
10.VILLA INFORMATION ACCURACY
Ensuring our website is accurate is as important to us as it is to our clients. Descriptions are based on personal inspections by our Directors/Representatives. We, however, cannot accept liability for any loss whatsoever and howsoever arising due to any mis-description within the website due to circumstances which are beyond our control or supervision. There may be occasions when facilities are not available, i.e. a blocked toilet, water heaters and swimming pools may need maintenance, filters changed and there may be water/power shortages at periods of high demand. The authorities may give permission for services to be stopped/turned off, without prior warning, so that a particular job/repair can be carried out. Attention is particularly drawn to the possibility of building works which may be ongoing and at the time of going to press are not known to us and therefore are not referred to in the website. We do not warrant and are in no way responsible for the accuracy of any information given or statement made by our servants or agents or made by travel services other than those contained within the website. In order to enjoy your holiday be prepared for Services not being up to U.K. or European standards i.e. drains, plumbing and wiring. With general shortage of skilled labour and difficulties of obtaining spare parts, that which requires attention, does not always receive it as quickly as one might wish. Please note, cookers in some destinations generally do not have grills, barbecues and toasters are usually used instead. Interiors and Exteriors of villas may change from those featured in this website. This is done to upgrade or improve the villa and where possible we will inform you but we are not responsible or liable for these changes and cannot compensate you financially for any changes or alterations to the property from the description on our website. An area described as peaceful/quiet may have barking dogs, noisy neighbours, ants or mosquitoes, etc, at the time of your holiday. Unfortunately for these and other circumstances out of our control, we cannot be held responsible though our Representatives will do whatever they can to help. Where television is advertised this may mean BBC and/or ITV and in some properties Sky TV. However, in some properties a very limited selection of satellite/ TV services are available. We cannot guarantee the precise channels offered as these services change from time to time, and we may not be advised of such changes. Neither we nor the owners may be held liable for the loss of provision of these services in the case of technical issues or should services be withdrawn by the provider for any reason. Some properties have streaming connection via a smart box and this can be intermittent depending on supply. Neither we nor the owners may be held liable for the loss of provision of these services in the case of technical issues or should services.
11.IF YOU CANCEL OR CHANGE YOUR HOLIDAY
If you want to cancel the entire holiday, you must send us a cancellation instruction in writing, signed by the same person who booked the holiday. This instruction must be sent to our office by recorded delivery (the address is on your booking form). Cancellation takes effect on the date we receive your written cancellation instruction. If you fail to make payments to us in accordance with these Booking Conditions we may treat this as a cancellation by you. If you cancel your holiday at any time after your booking has been accepted by us, then you must pay us a charge to compensate us for the expense and losses which we will incur as a result of your cancellation. The closer your cancellation is to the departure date, the less likelihood there is of us being able to recover those costs by re-selling the holiday at the website price. For this reason our cancellation charges increase the closer the cancellation is to the departure date. If you have to cancel for a reason covered by your insurance policy you should be able to recover cancellation charges. The cancellation charges will be calculated in accordance with the table below and the total figure will be the one on your invoice including any extras as we pay in advance for these, you will be notified of this following your cancellation instructions. If, you wish to change your travel arrangements in any way once a binding contract is in place between us, (for example your chosen departure date or accommodation) we will do our utmost to make these changes but it may not always be possible and the change cannot be less than the value of the original booking. Once deposits have been paid and you wish to change accommodation we will treat this as a new booking. If we can re-book previous accommodation for the same dates then it may be possible to reimburse part of your original deposit. Any request for changes to be made must be in writing from the person who made the booking. Where we can meet a request, all changes will be subject to payment of an administration fee based on our increased costs as a result of applicable rate changes and any costs or charges incurred or imposed by any of our suppliers. The amount of the fee will be notified to you before you choose to proceed with any change. If you make a number of changes to the same booking, we will only make a reasonable overall charge. 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. Should you have any complaints / issues with your accommodation upon your arrival you must give Xahvi Luxury Collection a reasonable amount of time to rectify / resolve any such issues. Should any clients of Xahvi Luxury Collection vacate said property before Xahvi Luxury Collection has had time to rectify any issues / complaints we will not be responsible for any costs of relocation or compensation. Similar or same properties may be advertised with other agents/ not giving Xahvi Luxury Collection the option to book/relocate said property as an alternative option will cancel any option of refund/compensation. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. Where one or more members of a party which has booked a holiday together wishes to cancel his or her holiday, but the remaining members of the party do not, then the cancellation charge will be based upon the price of that person's or those person's holiday.
Cancellation charges (payable by you) are the following:
More than 55 days from departure is deposit only;
55-40 days prior to departure is 50% of total invoice value;
40-32 days prior to departure is 65% of total invoice value;
32-0 days prior to departure is 100% of total invoice value.
Please be advised as Xhavi Luxury Collection has to pay the owner a non refundable deposit to secure your dates - the minimum cancellation charge will always be the loss of deposit. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. All cancellations must be made by recorded or registered delivery.
12.IF WE CHANGE OR CANCEL YOUR HOLIDAY
From time to time it may be necessary for us to make changes to or to cancel your holiday after we have accepted your booking and we reserve the right to do so. Most changes are minor and in all cases we will tell you as soon as reasonably possible before the date on which you are due to depart. Occasionally we may need to make a major change. If we do, you must let us know within seven working days if you wish to accept the change or cancel the holiday with a full refund. Where we have accepted your booking and we have to cancel it before it is due to start, for any reason other than your fault, or where you cancel the holiday because you do not wish to accept a major change by us, you can then either: (a) accept our offer of a replacement villa, of a lower quality from the Xahvi Luxury Collection portfolio only (if available) and we will refund the difference in the cost; or (b) accept our offer of a replacement villa of equivalent or higher quality from the Xahvi Luxury Collection portfolio only (if available); or (c) We will refund the money you have paid deposit / balance which will terminate the booking and our liability of any claims relating to that booking and/or compensation. We reserve the right, at all times, without liability, to cancel or terminate a booking in the event that the Booking Form is not fully and/or accurately completed, at the time of the booking or later. This would also apply if a booking is made without completing a Booking Form and the information given is not accurate. If we have cause to rely upon this clause, we will not be liable to refund deposits paid. We will not pay you compensation or interest where we make a major change or cancel or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation.
13.LOCAL ARRIVALS & ACCOMMODATION CHANGE
At some of our international villas we do not offer a meet and greet service at the airport or the property, however if you encounter any difficulties our service may be contacted via the contact details provided with your documents. If you have booked transfers with us, the driver will be waiting at the airport with a board displaying your name.
Villa managers and maids are authorised to refuse entry until the scheduled access time therefore, to avoid any disappointment or embarrassment, we would kindly ask that you do not attempt to arrive any earlier than the time stated in your holiday pack. Upon arrival, if the client wishes to change the accommodation we do not accept any responsibility to offer alternative accommodation. However we shall endeavour to offer an alternative, but reserve the right to levy a charge for administration costs and any additional costs in offering the accommodation. We, through our agents shall notify the client of the alternative accommodation and any additional cost. In the event that the client accepts, the client shall pay such additional cost. In the event that payment is not made we reserve the right to withdraw the offer of alternative accommodation.
arrival safety briefing for certain properties and make the reservation on the full acceptance of these points. The client acknowledges and takes responsibility for the Health & Safety of their party for the duration of their stay at certain properties and undertakes to ensure that they have adequate insurance cover for their party. A briefing will be given to the party on arrival by our Concierge on certain properties and full details will be provided in the Accommodation Manual. It is the responsibility of the party to fully brief themselves on these aspects of the said property.
Crime does occur and you need to have the same responsibility for your personal safety and belongings as you do at home. Be sure to close and lock all the villa windows, shutters and doors at night and set the security devices when you are away from the villa during the day or at night time when you are in bed. Also take care to secure the areas of the villa not visible to you if you are around the pool. In the event of theft, report this to your Villa Representative who will assist you with the local police. Be sure you obtain a police report covering the incident or loss, in order to make a claim on your holiday insurance. Please note we do not offer compensation resulting from activities of theft or accept any responsibility for such matters.
15.SWIMMING POOL HEATING
Many of our pools (see individual villa details) have been fitted with pool heating, making the pool 3°C to 5°C warmer at 1 pm during the day than a non-heated pool under normal circumstances at the relevant time of year and whether a pool cover is used or not. This provides the pool with a beneficial warming, but does not make it a 'hot' pool. Please note that this will not necessarily mean that the pool will feel "warm" especially in the early and late parts of the year. Additionally, a pool heater will generally only be set to heat the water to a maximum of 28 Celsius (subject to the exterior ambient temperature), as temperatures in excess of this stimulate bacteria. Between October and April the pool heating equipment may not be adequate to heat the pool to a comfortable temperature and under these circumstances, no refund will apply. Xahvi Luxury Collection cannot be responsible for any non-operational time out of our control. In the case of any malfunction, we will endeavour to rectify it as soon as possible and our liability shall not exceed £100 per villa per week in total. If the pool has a cover, please use it. It will significantly increase the temperature of the water, but care must be taken at all times when a pool cover is used to ensure the safety of users especially children.
Where Air conditioning is available it is either included in the property cost, or a chargeable extra. You should always check the property details on our website and if required, request this on the booking form. Air-conditioning units do sometimes fail to function and there is no guarantee that air-conditioning will be continually available and neither we nor the owners will be liable in the case of mechanical failure. When temperatures are very high in mid-summer air-conditioning systems may not deliver the ambient temperature you expect and we cannot guarantee the indoor temperatures. Air conditioning, whether included in the property cost, or as a chargeable extra is provided on the basis of 'normal use'. Excessive usage may incur a surcharge.
During unusually dry periods water shortages may occur in rural locations with the result that lawns may become scorched and wells may malfunction slightly and produce odd smells. Likewise, sudden rains can seriously affect roads, drives and stated driving times.
Neither party shall be liable in damages or have the right to terminate this Agreement for any delay or default in performing hereunder if such delay or default is caused by conditions beyond its control including, but not limited to Acts of God (for example: extreme weather conditions that restrict or cease travel arrangements, internet connection, television reception), Government restrictions (including the denial or cancellation of any export or other necessary license), wars and acts of terrorism (including the cancellation of flights as a result thereof), insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected, or the failure of third parties (such as suppliers and subcontractors) to perform their obligations to the contracting party. Whilst we do not exclude or limit our liability for loss or damage sustained by clients as a result of negligence by our employees or agents, this cannot extend to actions/omissions by the property owner over whom we have no direct control. Nevertheless, we will offer all reasonable assistance in the settlement of any dispute which may arise.
19.PUBLIC SUPPLIES OR UTILITIES
We accept no liability for failure of public supplies or utilities such as water, gas or electricity, satellite signal, internet connection/ Wi-Fi over which we have no control, nor of sewage systems, plumbing or mechanical equipment in villas, but shall use our best endeavours to arrange prompt repairs where possible. Nor shall we accept responsibility for the failure of an owner, third party supplier or their employees to provide or deliver their service where we have no direct control over that supply of mechanical equipment or delivery or the monitoring of that service.
20.DEATH, BODILY INJURY OR ILLNESS
We do not accept responsibility in respect of death, bodily injury or illness of, or to the signatory to the contract and/or any other named person on the booking form, except when caused by the negligent acts and/or omissions of our employees, agents, suppliers or, sub-contractors while acting within the scope of or in the course of their employment, agency, contract of supply or sub-contract. We shall afford every assistance to a client who through misadventure suffers illness, personal injury or death during the period of the holiday arising out of an activity which neither forms part of the foreign inclusive holiday arrangements nor forms part of an excursion offered through us. Such assistance shall take the form of advice, guidance and initial financial assistance.
21.BEHAVIOUR & DUTY OF CARE
We reserve the right in our absolute discretion to terminate your holiday or any holiday services without refund or compensation with immediate effect / or in site if your behaviour is likely, in our opinion or that of our employees, villa Representatives or suppliers, to cause distress, damage, annoyance, noise/ loud music, obscene or lewd behaviour or danger to our employees or to any third party, we reserve the right to refuse / cancel any bookings that we think will be a nuisance to the owner. This would normally apply where a very large group of persons seek to book which we feel may affect the enjoyment of other holidaymakers in the location or cause undue wear and tear to the property. No other persons are permitted to stay at the villa other than those named on the booking form and under no circumstances may more than the maximum number of persons specified in the villa description occupy/attend the property for any unauthorised celebration (except by prior written agreement with us). Breach of this clause will result in cancellation of your booking and/or eviction from the villa and/or additional guests being asked to vacate and in this event you will not be entitled to a refund. We and our agents reserve the right of entry to the villa at any time. You and all members of your party agree not to use or promote the property for any illegal or commercial purpose, including subletting, organised parties, photoshoots etc, breach of this clause will result in cancellation of your booking and you will not be entitled to a refund. An extra cleaning charge will be taken automatically from your damage deposit being held in the form of credit/debit/cash by Xahvi Luxury Collection if it is deemed that unnecessary extra cleaning is required and caused through negligence / drunkenness and / or vandalism.
22.WEDDINGS / PARTIES
It is a condition that in all our properties that hold wedding parties no live music may be booked to perform at our properties without prior written authority from Xahvi Luxury Collection – Any live or recorded music must not continue after midnight. An immediate fine will be served by the local police if they are satisfied that the noise problem has exceeded this time. When guests are leaving please be considerate about others who live in the area. They are on holiday and may have young children trying to sleep. Remember, the later it gets, the quieter you should be. On departure all furniture inside or outside the property must put back in its original location please. Failure to do this can affect your damage deposit. No celebrations/parties/gatherings can be held at any of our properties without prior consent where it may be applicable to charge for such an event. Should we ascertain proof of photograph evidence (to which the right of digital/personal data/copyright/data protection will be void) or otherwise that a wedding/celebration/gathering outside of the allocated number of persons allowed to stay at the property did occur without our consent we will/can automatically deduct said charge from the security/damage deposit being held in the form of credit/debit/cash by Xahvi Luxury Collection. No guests other than those on the booking form can sleep at the property. Wedding celebration breakage deposits are to be paid via bank transfer/credit card/debit card with the balance of your villa rental on the due date shown on your invoice and will be returned no later than 14 days from the date of departure stated on your invoice subject to zero damages/breakages/unlawful celebrations being reported.
23.COMPLAINTS AND CORRESPONDENCE
We hope that you enjoy your holiday and the services of Xahvi Luxury Collection, but if you have any complaints, we want to rectify them as quickly as possible. It is our intention that any complaint is resolved quickly and to your satisfaction. In the unlikely event that you are still dissatisfied with any part of our services, our office team will ask you to record the details by way of photographs and forward these to our office by email or recorded delivery within 12 days of the complaint or latest, the return date of your holiday with us. Failure to give written notification sent by email / recorded delivery within 12 days of your complaint or latest from the return date of your holiday shall result in our not being liable for any loss or compensation whatsoever or howsoever arising. Xahvi Luxury Collection will respond to your complaint within 14 days of receiving your recorded letter as a management report may be required. We can only correspond and accept complaints in written form from the Party Leader and are only able to correspond with the party leader due to the data protection act on any such matters relating to the booking. Should you have any complaints / issues with your accommodation upon your arrival you must give Xahvi Luxury Collection a reasonable amount of time to rectify / resolve any such issues. Should any clients of Xahvi Luxury Collection vacate said property before Xahvi Luxury Collection has had time to rectify any issues / complaints we will not be responsible for any costs of relocation or compensation. Similar or same properties may be advertised with other agents/ not giving Xahvi Luxury Collection the option to book/relocate said property as an alternative option will cancel any option of refund/compensation. The Party Leader is the person or agency who holds the booking, to whom all correspondence and invoices are addressed and who is responsible for the rental. We cannot accept complaints from other members in the party. Our maximum liability to you if we are found to have been at fault in relation to the booking is limited to the commission we have earned or are due to earn in relation to the booking in question.
24.LAW AND JURISDICTION
This Agreement shall be governed and construed in all respects in accordance with the laws of Portugal. The parties hereto submit to the exclusive jurisdiction of the Portuguese courts and not outside of the Portuguese courts. This applies to consumer claims that are made outside of the Portuguese courts and its jurisdiction.
By completing and returning the Booking Form, you and all members of your party acknowledge full awareness of these Booking Terms & Conditions and agree to accept and abide by the terms stated. We act as booking agents on behalf of named owners of the properties featured on our website.