The Dunes Penthouse, Marbella.
Booking terms & Conditions
The following Booking Conditions together with the General Information contained on this website form the basis of your contract with Maureen and Les Morton of AlfrescoProperty. Please read them carefully as they set out our respective rights and obligations.
[In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “We” and “us” means AlfrescoProperty.com All bookings are made subject to these booking conditions.
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1. Making your booking.
Bookings can be made by emailing us at firstname.lastname@example.org and completing the booking form we will send you.
Once we have received your booking form and booking deposit, we will, subject to availability, confirm your stay by email. Please check your booking details carefully as soon as you receive our confirmation. Contact us immediately if any subsequent information which appears on the booking form or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 5 working days of our sending it to you by email. The actual dates you book with us are your responsibility, please make sure they are consistent with 3rd party website portals such as Owners Direct, Trip Advisor et al.
1.1 Number of persons.
Only those persons whose name appears on the Booking Form may use the property. The number of persons (adults and children) must not exceed the number of sleeping places indicated on the website, therefore no tents, caravans or campervans are allowed. The occupation limits are set in line with the level of services available in The Dunes. To exceed the maximum number of persons overloads the facilities available which are often not designed or capable of supporting additional usage, and can lead to extensive and expensive damage. As such any over-occupancy is considered to be a serious infringement of the Terms and Conditions and can result in an immediate requirement to vacate the premises, with no refund of monies due, and possible further charges in the event of damage to the facilities caused by excess usage (for example, a malfunctioning septic tank which has been used by a greater number of people than the tank is designed for). The substitution of persons during the rental period is forbidden unless previously agreed. To ensure this does not occur we may ask you to provide a passport check for each party member before you enter the property. The property is also not to be used for any temporary gathering of people other than those named on the booking form. This applies especially to social events such as parties or social gatherings held by yourselves in the property.
Sometimes we give generous discounts for parties of two people maximum. Any increase over the two person limit will mean the prices will revert to the normal weekly rate. All discrepancies will be dealt with once you have completed your holiday.
In order to confirm your stay, a deposit of 35% of the full payment (or full payment if booking within 60 days of departure) must be paid at the time of booking. This deposit is not refundable in the event of your cancellation or failure to pay on time as set out below. The balance of the cost of your stay must be received by us not less than 60 days prior to departure (or at the time of booking if this date has passed). This date will be shown on the confirmation email/invoice. If you have not paid in full and on time we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 6 below will be payable.
1.3 Arrival and Exit.
Your booking entitles you to enter the property after 16.00hrs on the first day of your holiday and you must leave the property by 10.00hrs on the final morning of your holiday. This is so we can prepare the property for the next clients who will be arriving that afternoon. Failure to comply with this departure time could unfortunately lead to your being charged for a further days rental. It may be possible to organise a later departure or earlier arrival time if you ask and receive specific permisson from us in email form. We do however reserve the right to charge for this benefit.
2 Damage Deposit.
You must pay a Damage deposit for The Dunes Penthouse, sixty (60) days before the start of your stay (or at the time of booking if this date has passed. The amount will range from £200 to a maximum of £1,000 The cost of any damage to the property or to any items in and/or at the property caused or any service charges incurred by you or any member of your party will be deducted by us from the Damage deposit at the end of your stay. We also reserve the right to charge an administration fee in the case of serious damage or theft. If no deductions are required your Damage deposit will be refunded in full to you after your departure from the property. Please contact us when you arrive home with your bank details for a Bank Transfer payment as we will need your bank account number and sort code for the refund. It is your responsibility to contact us as soon as possible. If the Damage deposit is not sufficient to cover any damage caused or service charges incurred by you, you will be responsible for paying us any additional monies required immediately on request from us.
3. Your contract.
A binding contract between us comes into existence when the deposit payment is paid (see clause 2 above). If you cancel after paying the deposit our normal cancellation charges will apply. This contract and all matters arising out of it are governed by English law. We both agree that any dispute arising out of or connected with your holiday will be dealt with by the Courts of England.
4. The cost of your stay.
We reserve the right to increase or decrease the prices of accommodation at any time. The price of your stay will be confirmed at the time of booking, subject to the correction of errors. We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error.
Please note, changes and errors occasionally occur. You must check the price of your stay for the correct number of people at the time of booking. We also reserve the right to charge a fee to any client who does not abide by these terms and conditions or other written communications from us and/or who behave in an unpleasant way to ourselves or our local managers.
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5. Changes by you.
Should you wish to make any changes to your confirmed booking, you must notify us by email as soon as possible. Whilst we will endeavour to assist, we cannot guarantee we will be able to meet any such requests, remember any increase in numbers may increase your costs.
6. Cancellation by you.
Should you need to cancel your stay after the contract has begun (see clause 3 above), the party leader must immediately advise us by email. Your notice of cancellation will only be effective when we receive it by email. As we incur costs from the time we confirm your booking and may be unable to re-sell your period of stay, the following cancellation charges will be payable.
All cancellations made less than 20 weeks before date of entry will incur the deposit charge + 100% of the balance.
All cancellations made more than 20 weeks before date of entry will incur the deposit charge only.
Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of any insurance policy you may have. Claims must be made directly to the insurance company concerned. We will assist you with documentary evidence in this.
It is strongly recommended that you take out adequate travel insurance. Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. For example, a change of plans or events meaning you cannot take your holiday as planned. eg illness.
8. Changes and cancellation by us.
Occasionally, we have to make changes to and correct errors on our website descriptions and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
If we have to make a significant change to or cancel your booking, we will tell you as soon as possible. We will endeavour to offer you an alternative should a significant change or cancellation occur. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. Very rarely, we may be forced by "force majeure" (see clause 9) to change or terminate your stay after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result.
9. Force Majeure.
We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
10. Our Liability to you.
10.1. We promise to provide your accommodation with reasonable skill and care. We do not accept responsibility if any death, personal injury, failure or deficiency of your accommodation arrangements is not caused by any fault of ours. When we talk about "fault" above, this means failure by ourselves to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim.
We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
(a) the fault of the person(s) affected or any member(s) of their party or
(b) the fault of a third party not connected with the provision of your accommodation by us which we could not have predicted or avoided or
(c) an event or circumstance which could not have predicted or avoided even after taking all reasonable care (see clause 9)
In addition, we will not be responsible where you do not enjoy your stay or suffer any problems because of a reason you did not tell us about when you booked your stay. We will also not be responsible where any problems you suffered did not result from any breach of our contract or other fault of ourselves or any losses, expenses, costs or other sums you have suffered relate to any other business.
Please note, we cannot accept responsibility for any services that do not form part of our contract. This includes, for example, any additional services or facilities any other supplier agrees to provide for you.
10.2. The promises we make to you about the accommodation we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the accommodation in question had been properly provided. If the particular accommodation which gave rise to the claim or complaint complied with local laws and regulations applicable to those accommodation at the time, the accommodation will be treated as having been properly provided. This will be the case even if the accommodation did not comply with the laws and regulations of the UK which would have applied had that accommodation been provided in the UK.
10.3. *We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is £10.00 This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your stay.
*Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £5 per person affected as it is your responsibility to have taken out adequate insurance at the time of booking.
10.4. 'Misrepresetation' Any claim for misrepresentation must be made within two hours of your arrival at the property.
11. Complaints and problems.
In the unlikely event that you have any reason to complain or experience any problems with your stay whilst away, you must immediately inform us. Any verbal notification must be put in writing and given to us as soon as possible. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. With respect to cleaning issues, we will not accept any complaints made more than three hours after your arrival at the property.
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You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct to us at the time. If you fail to do so, you will be responsible for meeting any legal costs we incur in full in recovering full payment from you.
We expect all clients to have consideration for other people, our managers and ourselves. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to the property, or in any way damage the reputation and/or goodwill of Ourselves we are entitled, without prior notice, to terminate the occupation of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation. We will have no further responsibility toward such person(s). No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination.
13. Special requests and medical problems.
If you have any special request, you must advise us at the time of booking and clearly note it in an email to us and on the booking form. Although we will endeavour to meet any reasonable requests we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfilment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests.
If you or any member of your party has any medical problem or disability that may affect your stay, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details.
14. Passports, travel documentation, visas and health requirements.
It is your responsibility to ensure that you are in possession of all necessary travel and health documents (including Passports and Visas (where applicable) before departure. You must pay all costs incurred in obtaining such documentation. If you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. We will also require you to send us airplane passenger manifest details of all party members including date, arrival and departure timings so we can assist you with entry and departure details as well as taxi transfers. If you are not travelling by plane then scanned copies of all the parties passports will be required.
15. Prices and Website Accuracy.
Please note, the information and prices shown on our website may have changed by the time you come to book your stay. Whilst every effort is made to ensure the accuracy of the website and prices at the time of requesting the booking, regrettably errors do occasionally occur. You must therefore ensure you check all details of your stay (including the price) on your booking acceptance.
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16.1 Cats are not permitted and dogs only where our permission has been given. Any such request can be made on the initial Booking Form. Where dogs are permitted then a maximum number of two dogs shall apply. Only well trained dogs are permitted on condition that they are not allowed upstairs, on the furniture and especially the beds/sofas, nor left unattended in the property. A charge of £20 per week will be made for each dog. No other domestic pets can be accepted in our properties.
16.2 Assistance dogs are permitted in the property and the restrictions and charges described in Clause 16.1 above do not apply to such dogs. However the Visitor must notify us on the initial booking form of the intended presence of any assistance dogs.
In the event of any problems you must contact us immediately by email at email@example.com You must also undertake to do your best to resolve or minimise the problem in order to avoid any prejudices that could result. You are obliged to give us the time necessary to resolve the problem.
Should there be no written complaint supplied as above specified and you leave the accommodation prematurely and without an explicit authorisation by us, you forfeit your rights for a refund of the rental price, unless the terms of this contract have been breached. Complaints received at the end of the stay will not be taken into consideration and no refunds will be given.
In the unlikely event of a dispute with us we will do all we can to resolve the issue, but if there is no communication by email from you after a period of two weeks we will deem the matter to be closed.
Please note that the property is not an official tourist structure, such as an hotel, residences, etc. but a private dwelling. Being such, there is no standard or categories that are internationally recognised, indeed it reflects the architecture and furnishings, the local traditions and the personal taste of the owner. This is precisely the kind of holiday that we offer: the chance to partake in the culture of the area chosen, living for a few weeks in the same surroundings as an inhabitant would. We cannot however exclude the possibility that these differences can sometimes result in minor inconveniences - due to the special nature of its architecture and of traditions in the area - but which cannot be accepted as complaints.
Maureen & Joseph Morton. On behalf of Alfrescoproperty.com
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