This page tells you the terms and conditions on which you may make use of www.vidacabrera.com (our "site"). Please read these terms and conditions carefully before using our site. You should understand that by using our site, you agree to be bound by these terms and conditions. You may print a copy of these terms for future reference.
1. INFORMATION ABOUT US
www.vidacabrera.com is a site operated by Vida Cabrera LTD ("we"). We are a company registered in Scotland and have our registered office at 151 St Vincent street, Glasgow, G2 5NJ. Our main trading address is Apartado 22, Cortijo Cabrera, 04639, Turre, Almeria, Spain.
2. ACCESSING OUR SITE
2.1 Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice.We will not be liable if for any reason our site is unavailable at any time or for any period.
2.2 From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
2.4 When using our site you must comply with the provisions of our acceptable use policy.
2.5 You are responsible for making all arangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
3. ACCEPTABLE USE POLICY
3.1 You may use our site only for lawful purposes. You may not use our site:
3.1.1 in any way that breaches any applicable loyal, national, or international law or regulation; or
3.1.2 in any way that is unlawful or fraudulent, or to any unlawful or fraudulent purpose or effect.
3.2 You also agree:
3.2.1 not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of these terms; and
3.2.2 not to access it without authority, interfere with it, damage or disrupt:
(a) any part of our site, or
(b) any software used in the provision of our site.
3.3 You must not misuse our site by knowingly introducing viruses. trojans, worms, logic bombs, or other material which is malicious or technologically harmful, or attempt to gain unauthorised access to our site, the server on which our site is stored, or any server, computer, or database connected to our site. You must not attack our site via a denial-of-service attack, or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
3.4 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
4. INTELLECTUAL PROPERTY RIGHTS
4.1 We are the owner and the licensee of all intellectual property rights relating to our site and the material published on it. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
4.2 You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference.
4.3 You must not use any part of the materials on our site for commercial purposes without obtaining a license to do so from us or our licensors.
5. RELIANCE OF INFORMATION POSTED
Commentary and other materials posted on our site are not intended to amount to advice in which reliance should be placed. Information relating to the use and potential benefits of the products of services offered on our site is for information purposes only and is not a substitute for proper legal advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
6. OUR SITE CHANGES REGULARLY
We aim to update our site regularly, and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinately. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
7. PRIVACY AND DATA PROTECTION
7.2 We take your privacy seriously and are commited to ensuring that you privacy is protected. Our relationship with you is valuable and we understand the importance you place on the privacy and security of information that personally identifies you. This section explains how we use the information collected about you, and how you can instruct us if you prefer to limit the use of that infomation and procedures that we have in place to safeguard your privacy.
7.3 THE INFORMATION WE COLLECT AND WHAT WE USE IT FOR
7.3.1 We collect personally identifiable information when you register with us and when you use our products or services. We ask for personal data only when it is needed to provide goods or services you have enquired about, or asked us to provide, or to respond to your requests for information. Our registration process involves providing us with personal information including (but not limited to) your name, address, e-mail address, mobile telephone number, and credit card details( if booking a service).
7.3.2 We also receive and record information by tracking user traffic patterns throughout our sites to maintain a record of the movements of visitors to our site and users of our service. We use this information in order to customise the advertising and content you see on our pages, and to better understand website usage so we can provide the best service to our customers. This information is stored in log files and is used for aggregated and statistical reporting but is not attributed to you as an individual.
7.4 WHAT INFORMATION DO WE SHARE?
7.4.1 There are times when we require to share the information we learn from you with other parties. However, the information we hold on our customers is an important part of our business, and it is not our business to sell or rent this information to others. We will send personally identifiable information about our customers to other companies, or people, however, in the following situations:
(a) AGENTS: We may employ other companies and individuals to perform functions in certain situations on our behalf. Examples of these functions include e-mail, handling credit card transactions, fulfilling bookings, and providing customer service. These agents have access to the personal information required in order to perform their functions but may not use it for any other purpose.
(b) COMPLIANCE WITH THE LAW: We will release personal information on our customers where we are required to by law. We may also exchange other information with other companies and organisations for fraud protection and credit risk reduction.
All information received by us is retrieved using secure technology. In order to provide a safe and secure environment for your personal information we have physical, electronic, and procedural safeguards in place with a view to protecting that information against loss, misuse, or unauthorised alteration. In certain areas we use industry standard SSL-encryption to protect data transmissions, and firewalls are used to block anauthorised traffic to the servers, and the actual servers are located in a secure location which can only be accessed by authorised personnel.
7.7 YOUR RIGHTS
7.7.1 You have the right to ask us not to process your personal data for our marketing purposes. You can exercise your right to prevent such processing by contacting us. Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.
7.7.2 The data protection act 1998 (the "Act") gives you the right of access exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.
. LINKS FROM OUR SITE
Where our site contains links to other sites and resources provided by third parties, these links are provided for information only. We have no control over the contents of those sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them.
9. LINKING TO OUR SITE
9.1 You may link to our home page, provided you do so in a way that is fair and legal, and does not in any way damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
9.2 You must not establish a link from any website that is not owned by you.
9.3 Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in Clause 3 of these terms.
9.4 If you wish to make any use of material on our site other than set out above, please address your request to Mr. David Robison at the main trading address as stated above.
10. OUR LIABILITY
10.1 The material displayed on our site is provided without any guarantees, conditions, or warranties as to its accuracy. To the extent permitted by law, we, other members of our group of companies, and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might be implied by statue, common law or otherwise.
10.2 We are not responsible for indirect losses which happen as a consequence of the main loss or damage and which are not forseeable by you and us.
If any of these terms and conditions is determined by any competent authority to be invalid, unlawful or unforceable to any extent, such term or condition will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
12. OUR RIGHT TO VARY THESE TERMS AND CONDITIONS
We have the right to vary these terms and conditions from time to time. If we make any substantial changes we will notify you by posting a prominent announcement on our web pages.
13. LAW AND JURISDICTION
14. PROPERTY LETTING BOOKING TERMS AND CONDITIONS
These are the booking terms and conditions applicable to all bookings made by the Holidaymaker ("you") and Vida Cabrera LTD ("we/us").
1. YOUR CONTRACT.
1.1 Please note that although we are authorised to advertise the holiday villas on the website on behalf of the villa owners and to arrange bookings and take payment on their behalf, your contract for the let of the villa will be directly between you and the relevant villa owner ("Villa Agreement"). This is posted below in section 15 of our terms and conditions. You may be requested to sign a copy on arrival at your holiday villa. Our own obligations to you are as set out in theses terms and conditions.
PAYMENT AND BOOKING.
2.1 We are authorised to receive payment on behalf of the villa owners, and we forward payment received in accordance with our agreements with them. Accordingly, we confirm that payments you make to us for your holiday will be remitted to the villa owner in accordance with the terms of our agreement with that villa owner.
2.2 We will send you these terms and conditions should you request.
2.3 If you are happy with the booking you must pay a non-refundable deposit of 25% of the total cost of the holiday within 7 days. This amount will be clearly stated on the Booking Invoice. Please note that your booking cannot be confirmed unless your deposit is received within this time.
2.4 When we receive your deposit we will advise the villa owner and then contact you to confirm your booking and the details of the final balance due. The final balance is due no later than 42 days before you are due to travel.
2.5 We have the right to cancel the booking without notice if the total booking cost has not been received in due time. In this case you cannot claim the fulfilment of the booking nor a refund of amounts already paid.
2.6 Payments should be carried out by bank transfer or cheque to the bank account stated in the booking invoice.
2.7 We will contact you to confirm that we have received the final balance of payment for your holiday. At this time we will also forward all other relevant information regarding your holiday.
3. PRICES AND SERVICES
3.1 The prices quoted on the website are always per week per property in the stated season. Additional expenses (e.g. winter logs / additional laundry) will be stated on "the website".
3.2 The general information about the villas (such as facilities, final cleaning, and bed linen) and the local information (such as transport, shops, and restaurants) is updated intermittently. Accordingly, we do not accept any responsibility for changes made subsequently.
4. CHANGES TO YOUR BOOKING
4.1 If you want to change your booking in any way, we will try to help you, however, we cannot guarantee that we will always be able to do this as changes are subject to availability at the time. Section 6 sets out our cancellation policy in the event you do not wish to proceed with the holiday.
4.2 Although care is taken to ensure that the villa descriptions and prices stated on our website are accurate, if an error is made we will contact you as soon as possible. We may also have to change details of the booking you have made as a result of events that are out of our control. In such circumstances where the changes cause a material difference to the booking, you will have the option to cancel the contract in writing within 7 days after the change has been announced by us. Subsequently, we will refund the amount paid in advance for the booking. In the event that no suitable notice is possible we will do everything possible to provide suitable alternative accommodation.
5. ARRIVAL AND DEPARTURE
5.1 The rental period starts on the 1st day of your holiday at 16.00 hours. We will provide details in advance on the keyholder for your villa, and the key will be available from this person between 16.00 hours and 19.00 hours on that day (unless we have made alternative arrangements with you).
5.2 If you are unable to arrive within the mentioned time frame, you should make another arrangement with us in due time before your arrival.
5.3 We do not refund a part of the total booking cost due to late arrivals, or due to any other personal circumstances, or if you have to shorten your stay in the villa.
5.4 Departure and the return of the key to the keyholder must take place on the last day of the rental period before 10.00 hours.
The booking of a villa may be cancelled by you subject to payment of the following cancellation charges:
6.1.1 more than 28 days before the start of the rental period: no cancellation fee, (non -refundable deposit retained by us only),
6.1.2 28 -15 days before the start of the rental period: non-refundable deposit plus 25% of the second installment retained by us,
6.1.3 14 - 8 days before the start of the rental period: non- refundable deposit plus 50% of second installment retained by us,
6.1.4 7 days or less before the start of the rental period: non-refundable deposit plus 75% of the second installment retained by us.
Any funds due to you will be refunded within 14 days of cancellation.
6.2 A booking will be considered cancelled on the day that we receive a written cancellation from you.
7. YOUR OBLIGATIONS
7.1 You shall pay us a damage deposit of €200 no later than 28 days before your arrival date in the villa. The deposit will be paid back to you, if applicable, no later than 14 days after your final day in the villa.
7.2 It is a condition that the villa is not damaged and that it is left in a presentable and tidy state. If you or other occupants of the villa should cause damages that exceed the value of the deposit you will be liable to pay the difference as soon as the exact value of the damages has been determined and we have informed you. Please note that pets are not permitted.
7.3 You shall respect and keep the local rules and regulations related to the villa and ensure that neither you or other members of your party cause inconvenience to neighbours or other surroundings. We and the villa owner reserve the right to cancel the rental agreement immediately and without notice if you or other occupants of the villa show gross negligence or purposely carry out actions against the rules and regulations in force. In such cases there will be no refund.
7.4 The maximum capacity of the villa is stated on "the website". Where the number of occupants exceeds the maximum allowed, we and the villa owner reserve the right to deny access to the villa.
7.5 You must take out adequate travel insurance suitable for your needs before you travel. We cannot be responsible for any costs you aquire as a result of you failing to do so. The insurance should cover any cancellation of your holiday arrangement and for any emergencies that arise while you are away.
8.1 Although we carefully inspect and control the villas on a regular basis and before your arrival, a defect, fault, or damage may be detected by you. In such case the key holder should be informed immediately who will notify us and the villa owner accordingly. If the problem cannot be resolved to your reasonable satisfaction within a reasonable time, you should contact us by e-mail at email@example.com or by phone on (0044) (0) 7826 013 928. We do not accept any responsibility or liability for defects, faults, or damages, and subsequent claims.
9. OUR LIABILITY
To the fullest extent permissible at law, we accept no liability whatsoever for any claims, loss, or damage arising from, or in relation to, your booking or subsequent stay in the holiday villa. Where it is not competent to exclude liability completely our total liability shall be limited to the sum equal to 25% of the payment received by you for the holiday, but in no event shall we be liable for any indirect or consequential loss or damage.
10. RELIANCE ON WEBSITE INFORMATION
Although we take great care to ensure the details of the holiday villas (including photographs) accurately reflect and describe the villas, the responsibility for providing the villa in satisfactory condition for your holiday lies with the owner and is covered under the villa agreement. Accordingly we make no claims or warranties regarding the condition of the villas and exclude all liability and responsibility in relation thereto.
11. DATA PROTECTION
12. GOVERNING LAW
These terms and conditions shall be governed by Scots Law, and the Scottish courts shall have exclusive jurisdiction over any disputes which relate to them.
15. VILLA AGREEMENT
between the holidaymaker and the relevant villa owner
A. the villa owner has advertised his or her villa, in the schedule to this agreemaent ("the villa") for holiday letting through www.vidacabrera.com ("the website") operated by Vida Cabrera Ltd ("VCL").
B. The holidaymaker has booked a stay at the villa through VCL, the terms of which booking are subject to the holiday maker and villla owner entering into an agreement for the provision of the villa for the dates specified on the holiday booking invoice. This document sets out the terms of that agreement as follows:
1. THE CONTRACT
This is the principle contract regulating the let of the villa by the villa owner to the holidaymaker. The holidaymaker acknowledges that although VCL is authorised to arrange villa bookings for the villa owner via the website, the obligation to provide the villa rests with the villa owner as set out in this agreement.
2. BOOKING DETAILS
2.1 The details for the holidaymaker's stay in the villa are set out in the schedule to this agreement.
2.2 The holidaymaker acknowledges and agrees that the villa owner's obligation to make the villa available to the holidaymaker for the holiday is conditional upon the holidaymaker complying with the payment obligations set out in our booking terms and conditions in section 14 of our terms and conditions.
2.3 The villa owner shall not be liable for any expense incurred by the holidaymaker due to his/her late arrival, nor shall the villa owner be required to pay the holiday maker a refund if he/she has to shorten their stay.
2.4 The holidaymaker acknowledges that, in accordance with VCL's booking terms and conditions, any request to change details of the holiday shall be made to VCL, rather than the villa owner.
As set out in the booking terms (section 14 of our terms and conditions), if the holidaymaker decides to cancel the booking, the holidaymaker shall inform VCL, rather than the villa owner.
3.1 The holidaymaker may be subject to the cancellation charges as detailed in our booking terms (section 14 of our terms and conditions).
4.1 The villa owner warrants that they own the villa and are able to let the villa to the holiday maker for the period of the holiday set out in the schedule to this agreement.
4.2 The villa owner shall ensure that the villa will be vacant, clean, and serviced for the start of the holiday.
4.3 The villa owner will arrange for a housekeeper who can be contacted during the holidaymaker's stay. The details of the housekeeper will be sent out after the balance payment has been recieved. The keys to the villa can be collected from and returned to the housekeeper.
4.4 VCL can arrange for the villa to be cleaned once per week subject to the additional costs being met by the holidaymaker.
4.5 If the holidaymaker discovers any defect, fault, or damage within the villa during the holiday, the holidaymaker shall contact the housekeeper immediately who will notify the villa owner and/or VCL accordingly in order that the issue can be addressed as quickly as possible.
4.6 The holidaymaker shall comply with all the local laws in force at the time in relation to the villa and shall not use the villa during the holiday in any manner which causes or is likely to cause inconvenience to people staying nearby, or for any illegal, criminal, or indecent activity. The villa owner (and VCL) reserve the right to cancel the holiday immediately if the holidaymaker or other occupants of the villa are in breach of this provision or any of our booking terms and conditions.
4.7 The holidaymaker shall take all reasonable efforts to ensure that the villa (and its contents) are not damaged during the holidaymaker's stay, and that the villa is left in a presentable and tidy state. If the holidaymaker or other occupants cause damage that exceeds the damage deposit the holidaymaker will be liable to pay the balance.
4.8 The maximum capacity of the villa is set out on the website (www.vidacabrera.com). Where the number of occupants exceeds the stated maximum allowed, the villa owner and VCL reserve the right to deny the holidaymaker and his or her party access to the villa, and no payment or refunds will be given.
4.9 The villa owner and holidaymaker shall each indemnify the other in respect of any losses incurred by a breach of its obligations under this agreement.
5.10 This agreement is governed by the law os Scotland and the Scottish courts shall have non-exclusive jurisdiction in relation to any dispute arising from it.