1. The contract and confirmation
(i) The terms and conditions set out in this section together with your Booking Confirmation form comprise the agreement between Lake Como Properties (The Company), and all those listed on the booking on whose behalf the party leader is acting (the holidaymaker).
(ii) A contract only exists once a completed Booking Confirmation form has been returned to Lake Como Properties by email and confirmation of receipt of deposit has been issued.
(iii) It is important that you check all the details shown on the Booking Confirmation form to ensure that they are correct as this forms the basis of the contract. Any discrepancies should be brought to our attention within 7 days of issue, otherwise the details on the booking documents will be deemed to be correct.
(iv) We do not accept bookings for children unaccompanied by adults, if the children are under the age of 18 on the date of outward travel.
2. Holiday price
(i) In the event that the quoted price (either verbal or written) and the price published on the Lake Como Properties web site price list differ, the price list will be deemed to be correct unless the quoted price forms part of a special offer.
(ii) We reserve the right to increase or decrease our prices at any time. However, we guarantee that no surcharges will be made once the written booking confirmation has been issued unless your booking in amended in any way.
(iii) Lake Como Properties reserve the right to sell accommodation at a discounted rate as part of a special offer. The special offer rate will not be applied to existing bookings.
3. Cancellations and alterations by us
(i) Due to the fact that we plan our Lake Como holiday rental accommodation programs months in advance, it is sometimes necessary to make changes to the vacation rental accommodation described on our web site, for reasons such as withdrawal of a Holiday Accommodation unit by an owner. In such cases, where possible, the Company will endeavour to offer you accommodation of a comparable standard and price. If we are not able to provide similar accommodation on Lake Como and the only available accommodation is of a lower standard, we will refund you the difference in the cost of the two accommodations. Should the only alternative Holiday Accommodation be of a higher price, the Company reserve the right to charge the difference. You have the right to decline to accept the proposed alternative accommodation for whatever reason (price, unsuitability etc.). In this case the Company will refund the full amount paid, but no form of compensation will be payable. The liability of the Company is limited to, and cannot exceed, the amount paid for the accommodation by the holidaymaker.
(For example, if you have booked a villa with a pool, Lake Como Properties will aim to provide another villa with a pool on Lake Como. If not we may provide you with the option of accepting an apartment with a pool, or of accepting a full refund).
4. Our liability to you
(i) We cannot be held liable to accept responsibility for death, bodily injury or illness caused on holiday unless it is proved that it is due to the negligence of our employees. This company’s liability in any action will be limited to twice the base cost of the holiday (as per your Booking Confirmation form).
(ii) If in the opinion of any person in authority such as an accommodation owner, resort manager, or senior Lake Como Properties employee your behaviour is likely to cause a disturbance to other holidaymakers, or damage to property, we reserve the right to terminate your holiday arrangements with us. We will not be liable to provide alternative arrangements or repatriation nor will we cover any costs that you may incur or make any refunds.
YOUR OBLIGATIONS
1. Booking your holiday and understanding the contract
(i) In order to guarantee your booking, payments must be received within the time specified on your Booking Confirmation form.
(ii) Please note that travel insurance is essential and no liability will be accepted for any holidaymakers travelling without adequate travel insurance. This should be obtained at the time of booking. It should cover you for any eventualities whilst travelling e.g. theft of personal property, illness etc. and should also cover you for losses incurred in the event that you are forced to cancel your holiday.
(iii) Unless any discrepancies on the Booking Confirmation form are brought to our attention, it will be deemed that you have accepted this Booking Contract and the Lake Como Properties terms and conditions on behalf of all persons included on the Booking Confirmation form.
(iv) Telephone quotes are all provided subject to written confirmation.
(v) It is the party leader’s responsibility to advise Lake Como Properties of any change to his or her contact details including email address. The email address provided will be used to notify you of any changes, or other important information. Evidence of email dispatch from Lake Como Properties will be regarded as evidence of email receipt.
2. Paying for your holiday
(i) Our terms of payment are specified on the Booking Confirmation form. If your booking is made less than 60 days before arrival the full amount is payable at time of booking.
(ii) Any payments must be received within the time specified on your Booking Confirmation.
(iii) If you do not pay in full by the date shown on the Booking Confirmation we reserve the right to cancel your booking. In such a case no refunds will be made.
3. Cancelling your booking
(i) If you cancel your booking the party leader on your booking form must advise us in writing, by post, facsimile or email immediately. Your booking will only be deemed to be cancelled when you receive email confirmation from us. Verbal cancellations will not be accepted. If you cancel you will be liable to pay the cancellation charges set out in the table below. Cancellation periods are calculated on the date of your cancellation being received by us. We will issue you with a Cancellation Invoice, which may be used to reclaim losses from your insurance company. The term ‘total holiday cost’ in the table means the total holiday cost for all persons included in the booking and shown on our Booking Confirmation.
Number of days prior to arrival 56 or more 42-55 29-41 22-28 0-21
amount lost deposit 60% 70% 90% 100%
5. Whilst on holiday
(i) If you wish to make any changes to the booked arrangements whilst on holiday, for example, upgrading your accommodation, extending or reducing your holiday duration, all such requests will be subject to availability and any extra costs, including cancellation charges, must be met by you and be paid locally. As this alters the basis of your booking contract with us, it is essential that such changes be arranged through us in writing, either with our local representative/agent or with the office address detailed at the bottom of your Booking Confirmation.
(ii) The accommodation booked is only available for use by those persons named on the booking form unless otherwise agreed by Lake Como Properties in writing. The number of persons using the accommodation at any time must not exceed the maximum number as stated on the web site and/or on the Booking Confirmation form.
(iii) The party leader (as named on the Booking Confirmation) is responsible for any damage caused by any member of their group to the holiday accommodation. Any charges levied by the owner must be paid locally by the party leader. We reserve the right to request credit card details of holidaymakers paying by bank transfer to hold for security reasons. We reserve the right to charge holidaymakers for the cost of rectifying any damage to the property, caused by any deliberate, negligent or reckless act. Should this damage come to light after the holidaymaker has departed, we reserve the right to make a charge to the credit card/debit card, or send an invoice for the amount to the address on the Booking Confirmation form. We will however make every effort to rectify any damage internally prior to contracting specialists to make the repairs, and therefore will make every effort to keep any costs that the holidaymaker would incur to a minimum.
(iv) The Holiday Accommodation Owner and or the Company reserve the right to refuse admission or entry to the holiday accommodation to all or any persons, and may require all or any persons to leave the holiday accommodation, without refund, whom they consider to be in breach of these conditions. This includes persons who cause a nuisance or damage to holiday accommodation or conduct themselves in an offensive or disorderly manner. In such event the Company will not be liable for making any payment to the holiday maker and will retain all monies paid by the holiday maker. See paragraph 4 (iii) Our Obligations.
(v) No smoking is permitted in any Lake Como Properties accommodation. Anyone found to be in breach of this rule will be asked to vacate the premises immediately and charged for the cleaning of all curtains, carpets, furniture covers and bed linen. We will not be liable to provide alternative arrangements or repatriation nor will we cover any costs that you may incur or make any refund.
(vi) The holidaymaker undertakes to keep the accommodation and all furniture, fixtures and fittings in the same state of repair and condition as at the start of the holiday and to leave the accommodation clean and tidy. Please ensure all rubbish is taken away with you on departure to avoid any additional charges.
(vii) We will only consider claims for recompense if complaints are brought to the attention of the Lake Como Properties office immediately via the number on your Booking Confirmation form. You will be issued with a reference number which must be used in any subsequent correspondence relating to this. The Company regret that claims for compensation cannot be considered after the holiday has ended if we have not been informed as above.
OTHER GENERAL INFORMATION
6. Special Requirements
(i) Cots must be requested at time of booking and will be provided, if available. We cannot guarantee that cots will meet British Safety Standards. The decision to use a cot is solely at the discretion of the parents. The inclusion of a cot may restrict room space. Cot linen is not usually provided.
(ii) Where you have special needs, such as a Holiday Accommodation suitable for the disabled or any other specific requirement, the Company will try to accommodate you. Such requirements must be specified at the time of booking. We cannot accept responsibility for special needs, unless specified during booking and confirmation is given by the Company. If you suffer from allergic reactions please take note that although all our properties are advertised as NOT allowing pets, we cannot guarantee that pets have never been in that Holiday Accommodation and can not be held liable in such circumstances.
7. Check-in and Check procedures
(I) The Holiday Accommodation is normally available between 16.00 hours and 20.00 hours for check-in. A time must be prearranged with The Company. If your timings change due to late flights, traffic delays etc, we will try to meet you as close to your new check-in time as possible. Check out is at 10am unless specified as different on arrival.
(ii) Security bonds payable in euros (cash) on arrival. The deposit will be returned on departure minus any charges for damage caused. In the case of holidaymakers leaving before check-out time or at a time not previously agreed, a cheque will be issued and sent within 14 days of the Holiday Accommodation is inspected by a representative of the Company.
8. Vehicles and Car Parking
(I) In general most Holiday Accommodation will have private or public parking available. However, holiday accommodation located in the center of towns & villages may be subject to chargeable parking.
(ii) The Holiday Accommodation Owner, the Company and any associated partners of the Company accepts no responsibility for any loss or damage, from or to any vehicle from any cause whatsoever, unless caused by their own negligence or that of their representative(s).
9. Electricity, gas, oil & water
(i) Electricity, gas, oil & water are included in the cost of all holidays from May to September. A charge for heating fuel may be levied outside of this period and will be notified separately on the Booking Confirmation form.
10. Right of Access
(i) The Holiday Accommodation Owner and The Company retain the right to gain access to the Holiday Accommodation at any time during your stay, for the purpose of essential maintenance during. i.e. gardening, pool cleaning, plumbing etc.
11. Force Majeure
The Holiday Accommodation Owner and or the Company shall not be liable for changes, cancellations, or any other effect on your holiday, due to any event, which with all due care could not be foreseen or avoided.