|Your contract is with James Joshua Holdings Limited (‘we’, ‘us’), registered under the laws of England and the person the Confirmation of Villa Reservation letter is addressed to (‘you’).
The contract between us and any matters arising from it will be governed by and construed in accordance with Portuguese Law and are subject to the jurisdiction of Courts of Portugal, with action commencing at the Courts of Comarca de Lagos.
|1.||CONFIRMATION. When you make your booking you must complete a booking form accepting on behalf of all your party the terms of these booking conditions and pay a deposit as detailed on the booking form. A contract will exist only when we issue our Confirmation of Villa Reservation letter.|
|2.||BALANCE. The balance of the price of your holiday must be paid at least EIGHT (8) weeks before the departure date. If the balance is not paid in time we reserve the right to cancel your holiday, retain your deposit and apply cancellation charges as set out below.|
|3.||PRICE GUARANTEE. The price of your holiday accommodation and extra services booked with us will not be subject to any surcharges after our Confirmation of Villa Reservation letter has been sent.|
|4.||ALTERATIONS BY YOU. If you wish to make any changes to your holiday after it has been confirmed, this must be communicated to us as soon as possible and in writing. We will try to assist wherever possible but cannot guarantee that any such changes can be actioned.
If we are able to comply with your requested change an administration fee of £20 per person named on the booking form will be charged together with any increased costs from our suppliers.
Where changes to departure dates are requested within eight (8) weeks of departure then cancellation charges as set out in section 6 may apply and the amended arrangements will be treated as a new booking.
Cancellation charges will not apply for name changes where a party member is substituted for one who is prevented from travelling. In this case, documentary proof of a serious reason (e.g. person illness or injury, the personal illness, injury or death of a close relative, jury service or redundancy) must be provided.
You must give us at least 28 days notice in writing and enclose the administration fee of £20 per person in addition to any charges or costs levied by our suppliers.
|5.||ALTERATION BY US. We reserve the right to change any holiday details, including the price, before you book in which case we will tell you before the holiday contract takes effect. Very occasionally a change or cancellation may occur after you have booked but before you depart.
A change may be "major" or "minor". A "major" change is one that materially affects your confirmed holiday, such as a change villa. Any other change is "minor".
If there is a minor change before you depart we will try to let you know (although we are not obliged to do so) but you will not be entitled to cancel or receive compensation. If there is a major change before departure we will tell you as soon as practicable. We will then offer you the choice of accepting the change, or cancelling and receiving a full refund. In addition, unless the major change or cancellation is caused by Force Majeure (see below) or occurs before the date the final balance falls due for your holiday, we will pay compensation as detailed below:
Force majeure means war, threat of war, civil strike, industrial dispute, blockage due to natural or nuclear disaster, bad weather, fire, level or water, terrorist activity, closure of ports or airports, unforeseen local building/roadworks or similar circumstances beyond our control.
|6.||CANCELLATION BY YOU. You, or any member of your party, may cancel your holiday at any time providing the cancellation is made by the person signing the booking form and is communicated to us in writing. As this incurs administrative costs, we will retain your deposit and in addition will apply cancellation charges as shown below:
The total holiday cost for cancellations is defined as the total invoiced amount less any insurance premiums. (Insurance premiums are non-refundable as insurance cover is effective from the time of booking confirmation).
|7.||CANCELLATION BY US. We reserve the right in any circumstances to cancel your holiday. However, in no case will we cancel your holiday less than eight (8) weeks before the departure date except for: i. reason of force majeure; ii. failure on your part to pay the final balance; or iii. failure on your part to obtain travel insurance for every member of your party with 8 weeks before departure.
In circumstances where we are unable to provide the holiday booked, we will return to you all monies paid, or offer you an alternative holiday of comparable standard. If cancellation occurs within 8 weeks of departure, compensation will be paid on the same scale to that shown in Clause 5 above.
|8.||INSURANCE. Personal and medical travel insurance must be taken for every member of the party and we can arrange this through our appointed supplier unless details of your preferred insurer, provided at least the same level of cover, is advised at the time of booking.|
|9.||PASSPORTS, VISAS AND HEALTH REQUIREMENTS. British citizens require a valid full passport. Visas are not required for travel to Portugal. If you do not have valid documents you will not be able to travel. The carrier may be subject to a fine if you try to travel without the correct documentation and we reserve the right to recover any such charge from the passenger. For citizens of other countries, up to date information on passport, visa and health requirements should be obtained from the Portuguese Embassy.|
|10.||YOUR ACCOMMODATION AND SAFETY. You undertake to accept the holiday accommodation allocated to your booking and to take responsibility and exercise reasonable care in respect of your accommodation and its equipment and facilities. It is our aim at James Joshua Holdings Limited that your holiday is safe and trouble free.
In return we ask that you be mindful of your own duty of care and give thought to your own and other members of your party’s safety whilst you are away. Local regulations may mean that the layout and services within the accommodation are different from those to which you may be accustomed. Accommodation compliance is always with respect to local regulations.
|11.||LAW AND JURISDICTION. The contract between us and any matters arising from it will be governed by and construed in accordance with Portuguese Law and are subject to the jurisdiction of Courts of Portugal, with action commencing at the Courts of Comarca de Lagos.|
|12.||COMPLAINTS. We are confident that you will enjoy your holiday but in the unlikely event that you do encounter a problem you must immediately notify our local representative or our UK office to try to resolve the problem at the time. A failure to do so will reduce or negate your legal right to claim compensation from us. Please also bear in mind that complaints raised on your return from holiday are rarely resolved satisfactorily. If your complaint cannot be resolved locally you are required to complete a report form; the original of which is for you and a copy will be forwarded to our head office. Please follow this up within 28 days of your return by writing to our Customer Relation Department, JJ Villas, 37 Soke Road, Newborough, Peterborough, PE6 7QT, England.|
|13.||OUR PROMISE. We accept responsibility for ensuring the holiday accommodation and extra services booked with us are supplied as described and the services offered reach a reasonable standard. If any part is not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your holiday but we will not be responsible for your disappointment as a result of unrealistic expectations. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death injury or illness except as provided in Clause 14 below.|
|14.||LIABILITY. We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents together with our suppliers and sub-contractors whilst acting within the scope of, or in the course of their employment. We will accordingly pay to our clients such damages as might have been claimed in respect of death, illness or injury caused by negligence as accepted under Portuguese Law.|
|15.||PERSONAL INJURY (UNCONNECTED WITH ARRANGEMENTS MADE BY US). If any client suffers death, illness or injury whilst overseas arising out of activity which does not form part of the holiday arrangements made through us, we shall, at our discretion offer advice, guidance and assistance to help you in resolving any claim you may have against a third party, provided we are advised of the incident within 90 days of the occurrence. Where legal action is contemplated and you request James Joshua Holdings Limited to assist you in resolving any claim you may have against a third party, our authority must be obtained in writing prior to commencement of proceedings and by subject to your undertaking to assign any costs recovered or any benefits under an appropriate insurance policy to ourselves. Our out of pocket costs in respect of the above on behalf of you and your party shall not exceed £500 in total and in the event of an unsuccessful claim, must be reimbursed by you.|
|16.||GENERAL. Bookings are made subject to these terms and conditions. Unless otherwise agreed in writing, the maximum number of occupants for Casa Sandra is EIGHT (8) and should under no circumstances be exceeded. Our staff and agents are instructed to refuse admission or evict as necessary to comply with this condition. Likewise, if in our opinion, you are, or appear to be, behaving in such a way as to cause disturbance or annoyance to third parties, or causing damage to the property, we may terminate your holiday. In this situation we will have no further liability to you and you will be responsible for any extra expenses you incur as a result. You will also be responsible for meeting claims for damage or breakages.|