Terms and Conditions
1. Your Contract is with Turkish Villa Holidays Ltd
Please read them carefully as they set out our respective rights and obligations. In these Booking Terms and Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:
- He/she has read these terms and conditions and has the authority to and does agree to be bound by them
- He/she is over 21 years of age and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services.
2. Your holiday contract
A binding contract is made with us on receipt of your completed booking form and deposit. If you are booking within 6 weeks of departure, when full payment is due on booking, or choose to pay in full at the time of booking, a binding contract is made with us at that time. These Booking Terms and Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only.
3. Your financial protection
You book your own flights direct with your chosen airline. When you buy an ATOL protected flight from them you will receive an ATOL Certificate. This lists the flight, and other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. In some cases, where they aren't able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable).
If we, or our resort agents, are unable to provide the villa and/or services accepted by us on your booking form, you agree that we will offer suitable alternative accommodation and/or services of a higher value and/or standard than your original booking for no extra cost to you.
If no suitable alternative are available, then we will offer and agree a suitable compensation for the inconvenience caused by us, or our resort agents, in not providing the villa and/or services booked.
4. Paying for your holiday
At the time of booking, you will be required to pay a deposit, typically between 10 and 25% of the total villa cost, dependent on which villa you choose.
The balance of your villa price (including any surcharges such as heated pool costs) must be paid no less than six weeks before departure. Our standard payment method is BACS bank transfer and you will be provided with the account details at the time of booking. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 12 will become payable. Villa entry or keys to the villa will not be issued until your full holiday payment has cleared in full.
We endeavour to ensure that all the information and prices both on our websites and in our online and offline marketing materials are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
6. Your holiday price
All prices are in £GBP. The price shown for the villa rental is the price of the villa, not per person unless otherwise stated. We reserve the right to amend the price of unsold villas at any time and correct errors in the prices of our villas.
Once your holiday has been confirmed, the price of your travel arrangements is subject to upward and downward changes arising as a result of changes in: (i) transportation costs (e.g. fuel, scheduled airfares or any other airline cost changes which are part of your contract with airlines (and their agents), and any other transport provider), (ii) dues, taxes or fees chargeable for services (e.g. landing taxes and embarkation/disembarkation fees); and (iii) the exchange rates applied to your particular holiday.
7. Damage to property and accidental damage or breakage charge(s) and deposit
Some villa bookings, dependent on the villa you choose, are subject to a refundable accidental damage or breakage deposit which is payable locally to our resort agent on arrival and returned to you at the end of your holiday once an inspection of the villa property has confirmed there are no damages or breakages. In the case where a refundable accidental damage or breakage deposit is due you will be informed by our website and/or at the time of booking of the deposit amount.
If you or any member of your party do cause any damage to your holiday accommodation or any item in it or on its premises, you and/or your party will be required to pay for the loss and/or damage caused and we will hold you and each member of your party jointly and individually responsible. Unless the damage was caused accidentally and results in losses below £10, full payment for any such damage or losses must be paid directly to Turkish Villa Holidays Ltd or our appointed resort agent prior to departure from the villa. An invoice and receipt of payment in respect of it will be sent to you on your return home.
Where a refundable accidental damage or breakage deposit has been paid, this deposit will be used to cover any damages or breakages above £10 and up to the value of the deposit. The replacement value, including collection, purchase and fitting of the item(s) will be deducted from the deposit and the deposit balance repaid to you.
Where the accidental damage or breakage value exceeds your refundable accidental damage or breakage deposit value, the full deposit will be retained as part payment for the damage or breakage caused. The first name, lead member, of the party booking will be responsible for payment of the outstanding balance within 7 days of the villa rental departure date.
Please check your booking details and all other documents you receive from us, immediately on receipt. You must contact us as soon as possible if any information appears to be incorrect as it may not be possible to make changes later and it may harm your rights if we are not notified of any inaccuracies in any document within a reasonable period of time (taking into account the date of your departure).
9. If you change your booking
If, you wish to change your travel arrangements in any way once a binding contract is in place between us (see clause 2), for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. 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, including the villa owners. The amount of the fee will be notified to you before you choose to proceed with any 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. 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. Any changes you make will be treated as a cancellation and the cancellation charges shown in the section "If you cancel your booking with us" may apply even to individual components.
10. Changes and cancellations to flights
Most airlines treat name changes as cancellations so if you make changes after your flight has been booked, you will have to pay the airline for the cancelled ticket and buy a new ticket at full cost. The rest of your booking with us will be subject to our normal cancellation charges as detailed above.
11. Transfer of bookings
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else introduced by you and satisfying all the conditions applicable to the villa booked. This is providing we are notified not less than 14 days before departure and you pay an amendment fee notified to you at the time your request the transfer, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers including the villa owners and the transferee agrees to these booking conditions and all other terms of the contract between us.
12. If you cancel your booking with us
Once your holiday has been confirmed, to cancel the entire booking with us, the person making the booking must either; write or email us. Our contact details are stated on your booking confirmation or email [email protected] Cancellation takes effect on the date we receive your letter. If you cancel after we confirm your booking, you must compensate us for losses we have incurred from the moment you make the booking.
The closer your cancellation is to the departure date, the less likely we are to recover the costs by re-selling the villa and/or services at the original price. Our cancellation charges therefore increase as the departure date approaches, and you must pay us the sums up to the maximum shown below. Also note the 'Exception' section which may apply in addition to the scale of charges. If you have to cancel for a reason covered by your insurance policy, you may be able to recover the cancellation charges from your insurer. Claims must be made directly to the insurance company concerned. When only some members cancel in a group that has booked a holiday together, the charge will be based on the price of their holiday only. Remaining passengers in the group must pay any increased costs for the holiday, including the full accommodation cost and other holiday components.
For all resorts and villas, the following cancellation charges apply:
- Date on which written notice of cancellation is received by us:-
- More than 6 weeks prior to departure - loss of deposit
- More than 3 weeks prior to departure 60% of the cost of your holiday
- Less than 3 weeks prior to departure 100% of the cost of your holiday
Cancellation of certain transport arrangements made by you, typically low cost airlines, scheduled airlines or airport parking, can result in up to 100% cancellation charges regardless of the notice period given to us. Similarly, name changes (including initial changes), destination and date changes can be treated by such suppliers as a cancellation and rebooking, regardless of the period of notice given to us.
No refunds will be given by us for passengers not travelling or for unused services booked with us.
13. Force Majeure
Except where otherwise expressly stated in these booking terms and conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we, our resort agents or our partner supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea and river conditions and all similar events outside our or the supplier(s) concerned's control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
14. Your accommodation
This is reserved exclusively for the people named on the booking confirmation and no other persons are permitted to stay at the accommodation nor can you arrange for visitors to the property for the purpose of events like parties, celebrations or other large gatherings unless this has been agreed with us in writing and appropriate security deposit payments made (if applicable). Additional guests will be asked to vacate by us, our resort agent staff, villa owner or other local person in authority. You and all members of your party also agree not to use the property for any illegal or commercial purpose, including subletting it or otherwise allowing anyone to stay in it who we have not previously accepted on your holiday booking form. On departure you should leave the accommodation in a reasonably clean and tidy condition so that we can efficiently prepare it for our next guests. If additional cleaning has been necessary, a charge will be made locally or an invoice will be sent to you on your return home. Please note that certain group bookings may only be accepted at selected villas. We do endeavour to allow guests to remain at the chosen villa until their departure time. However this may not always be possible. In such an event we ask guests to vacate the villa on their day of departure by 10.00.
15. Special requests
If you have a special request that does not form part of the arrangements described on the website or in our marketing materials please inform us in writing at the time of booking. We will do our best to comply, but cannot guarantee to do so and we recommend that you repeat your special request(s) to the airline or relevant other supplier chosen by you at the appropriate time.
We regret that we are unable to advise prior to departure if special requests cannot be met. The fact that a special request has been noted on your booking form or any other documentation or that it has been passed by us to our resort agent is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
16. Disabilities and Medical Problems
We will take reasonable steps to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen villa and arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
17. Holiday insurance
Adequate insurance is essential. If you choose to travel without adequate insurance cover, for all members of your party for the full duration of your holiday, or without adequate insurance for holiday activities you choose to do, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
18. Conditions of our Suppliers
Some of the services which make up your holiday are provided by independent partners, agents or suppliers that we work with. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
19. Local activities, facilities and excursions
Some facilities, activities and excursions could involve an element of risk. These activities, facilities and excursions are neither run nor controlled by Turkish Villa Holidays Ltd. If you wish to participate, purchase or make use of any optional holiday activities, facilities or excursions that are not part of your pre booked holiday with us, we regret that Turkish Villa Holidays Ltd cannot accept liability in relation to these. The contract for the provision of that activity, facility or excursion will be between you and that provider you have chosen. Usually these locally paid for activities, facilities and excursions will be subject to local law and jurisdiction. The discretion to partake in any such activities, facilities, or excursions is entirely at your own risk. You are responsible for taking sensible precautions for your own safety and for the safety of any children or family members for whom you are responsible. Please liaise with the supplier of the facility, activity or excursion for the Terms and Conditions of your activity, facility or excursion which will govern your contract.
20. Additional help
If you or one of your party suffers personal injury, loss, illness or death during the holiday through no fault of ours, or your own, we will at our discretion, give you general and/or financial assistance. We may do this even though the damage or loss may not be the result of a failing by Turkish Villa Holidays, our resort agents or the villa owner. The financial assistance is limited to £500 per booking. If your claim is successful or if you are insured for these costs, you must repay any financial assistance we give you as soon as you recover it.
21. If you have a complaint
If you have cause for complaint whilst on holiday, this must be brought to the attention of Turkish Villa Holidays or a representative of our appointed resort agents immediately so that action can be taken at the time to rectify the problem. Should the person to whom you report your complaint be unable to resolve the matter, details of the complaint must be notified to the Managing Director of Turkish Villa Holidays in writing within 28 days of the end of your stay. Failure to do so will affect our ability to investigate your complaint, and will affect your rights under this contract.
At all times during your holiday, you are expected to have consideration for your fellow holiday makers, villa neighbours and other third parties. If in the opinion of ourselves, the villa owner ,our resort agent or other local person in authority, you are or appear to be behaving in such a way as to cause, or to be likely to cause, danger, distress, annoyance or damage to third parties or property or to cause a delay or diversion to transportation, Turkish Villa Holidays Ltd may terminate your holiday arrangements. In this situation, we will have no further liability to you and will not be responsible for meeting any expenses you incur as a result, making any refund or paying any compensation.
Subject to clause 7, you and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to Turkish Villa Holidays Ltd or our appointed resort agent prior to departure from the accommodation. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
23. Passports, visas and health requirements
You will be refused travel if you do not have a valid passport, visa and entry permit. Your passport and travel documents must be intact: you may not be able to travel if they are damaged or have been tampered with. Passport, visa and health requirements are subject to change and it is your responsibility to check the up-to-date position in good time before departure. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
24. Use of information you give us and communicating with you