Direct bookings via the website are made and accepted only on the following conditions, all other third-party bookings are under the third parties T&C’s:
Hibiscusretreat.com (“the Website”) is a website owned and operated privately.
Contract and Booking
Hibiscus Retreat, trading as hibiscus Retreat, hereinafter called “the Owner”, (i) the owners of the accommodation (“the Owner”). In all circumstances, the Contract of Letting is between the guest (“the Guest”) and the Owner.
This agreement is made on the basis that the property (“the Property”) is to be occupied by the holidaymakers for a holiday (as mentioned in the Housing Act 1988 Schedule 1 paragraph 9 or similar legislation in other jurisdictions) and the Holidaymakers acknowledge that the tenancy granted by this agreement is not an assured tenancy and that no statutory periodic tenancy will arise when it ends. This also includes winter and long term lets.
Bookings cannot be accepted with children under 16 years of age. Hibiscus Retreat is an adult only destination, unless special arrangements are made with the Owner (safety deposits may be required).
Bookings cannot be accepted from persons under 18 years of age. Group bookings of single sex parties are not allowed unless special arrangements are made by the Agency with the Owner (safety deposits may be required).
Bookings cannot be accepted with animals.
No bookings are valid until confirmed by the Agency in writing.
Once a booking is confirmed it is not subject to change. If you choose to cancel see section 8 for details of the terms that would apply. Whilst we will be under no obligation to do so, we may in certain circumstances and with the agreement of the Owner, make minor adjustments to bookings.
Balance Payment
Once a booking is confirmed by the Owner, the Guest is responsible for the full balance of the cost of the holiday. This shall be paid not later than 6 weeks before the booking is due to commence.
The Agency reserves the right to re-let any holiday where any monies due more than 7 days in arrears. Whereupon any monies paid by the Guest over and above any Booking Fee and Deposit will be refunded.
Owner’s responsibilities
The Owner is solely responsible for providing the accommodation and for the safety of all Guests and/or his/her invitees (jointly known as “the Holidaymakers”). The Owner accepts no responsibility for personal injury to, or death of, any Holidaymakers, or loss of or consequential loss or damage to their property, or for other matters over which the Owner has no control, except to the extent such personal injury or death is caused by the negligence or wilful default of the Owner.
Holidaymakers’ responsibilities and forfeiture
The Holidaymakers shall keep the Property and all furniture, fixtures, fittings and effects in, on or at the Property in the same state of repair as at the commencement of the holiday and shall leave the Property in the same state of cleanliness and general order in which it was found.
The Holidaymaker must report and pay to the Owner the cost of any damage or breakages made during their holiday occupancy. The Owner reserve the right to make a reasonable charge (50 euros) where guests have contravened an Owner’s request for their Property to be smoke-free.
The Holidaymakers’ right to occupy the Property may be forfeited without compensation if:
More people than declared to the Owner at the time of booking or before the commencement of the holiday and/or the number the Property holds, attempt to take up occupation;
Overnight guests are entertained without the Owner’s express permission;
Any activity is undertaken which is illegal, or may cause unreasonable damage, noise, behaviour or disturbance; or
Any of the Holidaymakers smoke in or at the Property.
Unavailability of Property
In the event of the Property becoming unavailable (such as due to fire or flooding), the Owner will endeavour to provide the Guest with suitable alternative accommodation or will refund all monies paid, or a proportion in the case of curtailment. The Owner cannot, however, pay any compensation or expenses as a consequence of such an event.
Cancellations
In the event of cancellation, Guests may be due a partial refund which is dependent on when notice of cancellation is given to us before the holiday start date. The refund is calculated as follows:
21 or less days notice – No refund due
• 22-35 days notice – 10% of the total accommodation cost
• 36-49 days notice – 20% of the total accommodation cost
• 50-63 days notice – 40% of the total accommodation cost
• More than 63 days notice – the Guest’s liability for the remainder of the balance will be waived or the balance refunded if this has been paid previously.
If a refund is due it will be paid within 10 working days of cancellation.
Where a Booking has been taken with a deposit which is less than our standard Deposit (of 1/3 of the total accommodation cost plus Booking Fee), the Guest will, upon cancellation, be liable to pay the difference between the reduced deposit and our standard Deposit.
For all cancellations, the Booking Fee and any extras will be retained.
Owner’s access to Property
The Owner or their representative, shall be allowed access to the Property at any reasonable time during any holiday occupancy.
VAT and IPT
All prices quoted include IVA at current rates.
Complaints procedure
In the event of there being cause for complaint concerning a Property, the matter shall be taken up with the Owner (or Owner’s caretaker) at once they are the first point of contact should there be cause for complaint as they live on site. It is important that this is done whilst you are still at the Property so that an on-the-spot investigation can be made if necessary and remedial action taken if required. In no circumstances will compensation be considered for complaints raised after the holiday has ended, when the Holidaymakers have denied the Owner/caretaker or the Agency the opportunity of investigating the complaint and endeavouring to remedy matters during the holiday.
Literature
We have compiled the information in our brochure and on our Website as accurately as possible at the time of going to press. However, facilities may be altered or withdrawn for reasons outside the Owner’s control, in which case we cannot accept responsibility.
We make every effort to ensure that the Property details supplied to us by the Owners are accurately reproduced. Mistakes may occur from time to time, and confirmation should be requested prior to booking. The Holidaymakers accept that minor differences between text/photographs/illustrations in the brochure and on the Website and the actual Property may arise. We cannot accept responsibility should the Property not conform to the Holidaymaker’s standards. If a facility is particularly important to you, please check with us prior to your booking.
Legal
Any dispute claim or other matter which may arise in relation to your booking will be governed by Spanish law and you agree that any dispute will be dealt with exclusively by the courts of this country.
The Booking Conditions will apply to all confirmed bookings, and these Website Booking Conditions supersede all previous editions.
