1. Booking Procedure
(a) To secure your booking we require a minimum deposit of 30% of the total booking cost or such other amount as advised by the company. If you are booking within 10 weeks of departure, then full payment is required at the time of booking. Payment can be made by bank transfer, cheque in favour of Abercrombie & Kent Villas Limited (in US dollar, GBP sterling or Euro) or by most major credit cards. If for any reason we do not accept your booking your deposit will be returned. Some suppliers and holidays over peak seasons may require higher deposits at the time of booking. You will be notified of these requirements before you pay your deposit.
(b) Special Requests should be indicated in writing at the time of booking. We will pass your request on to the villa but cannot guarantee that it will be accommodated. The Company will try to arrange for Special Requests to be met, but cannot guarantee that they will be, nor will the Company be liable if any Special Request is not met. The provision of any special request does not constitute a term of your contract with us unless we have confirmed in writing that your requirement will be met. All special requests must be made at least eight weeks prior to departure.
(c) A contract will come into existence on the date on which we issue a Confirmation Invoice. When you make a booking you are confirming that you are at least 18 years of age and that you understand our booking conditions and have accepted them on behalf of yourself and all members of your party. All contracts with Abercrombie & Kent Limited are subject to these booking conditions.
(d) It is important for you to check the details on the Confirmation Invoice as soon as you get it as this sets out the services we have agreed to provide. In the event of any discrepancy please contact us immediately. If you arrange your holiday direct with the Company all correspondence and other communications will be sent to the address person who made the initial payment unless you specify otherwise. If you request correspondence through a business address, a residential address will also be required for emergency and security reasons.
(e) If your booking is made through a travel agent, the Company will address all communications to that travel agent, who will act as agent for you in regard to all communications from us to you. All monies paid by you to a travel agent under or in contemplation of this contract will be held by the travel agent for the Company until such monies are forwarded to the Company.
(f) The final balance is due no later than 10 weeks before departure. If this is not paid in time, we reserve the right to cancel your travel arrangements and retain your deposit.
(g) Your holiday documents, including a detailed Welcome Book of the property, directions and emergency contact details, will be dispatched to arrive with you no later than approximately 14 days prior to your departure.
(h) Security Deposit - As a condition of your booking we shall also ask you to lodge a Security Deposit at the point of making a booking amounting to 20% of the weekly rental cost of the property (or higher if required by the villa owner or for stays of three weeks or longer). This is to protect the property owners for the cost of any damage or loss caused by wilful or accidental damage by members of the party that may occur during your stay or for any unpaid charges or fees incurred. The Security Deposit is taken as a credit card pre-authorisation given at the time of booking. If the property owner does not advise us within 30 days of any claim they have in respect of damage, loss or unpaid amounts this security deposit will be destroyed.
It is essential that you reconcile any damages or extra costs incurred with villa owners or agents prior to departure from the property, as you authorise Abercrombie & Kent Villas to automatically debit your security deposit to the value instructed by owners or their agents for any such charges. Abercrombie & Kent Villas are unable to enter into negotiation on your behalf where such charges are not agreed with villa owners or agents prior to your departure from the property. We ask you to remember and respect the fact that Abercrombie & Kent Villas are privately owned residences.
2. Amendments & Cancellation
(a) Amendments by you
The Company will make every effort to assist you if you wish to alter your arrangements, but it may not always be possible. Requests for an amendment must be in writing, signed by the person who made the initial payment. If it is possible to make the amendment, it will be subject to an amendment charge of £50 (or equivalent in Euros or US dollars) per booking, together with all other expenses incurred by the Company as a result of the change.. Please note that save for the transfer of a booking, it will not be possible to make changes within 28 days of your departure date. Your request may be treated as a cancellation and re-booking and the normal cancellation charges detailed in clause 2 (b) below will apply dependent upon the conditions imposed by our suppliers.
If you wish to change your arrangements whilst on your holiday, all costs are payable by you.
If you are unavoidably prevented from taking your holiday, by reason of, for example, illness, jury service, redundancy, unavoidable work commitments or the death or serious illness of a close family member, it may be possible to transfer your booking to a person acceptable to the Company, (but it should be noted that some suppliers consider any change of name as a cancellation, thereby attracting cancellation fees of up to the full value of the service) provided that:
(i) if you request a transfer in writing allow reasonable time for the changes to be communicated to, and accepted by, the supplier.
(ii) your request is accompanied by documentary proof of the reason for the transfer, any tickets or vouchers received from the company, full detail, of the person who will replace you, any balance due for the booking and the appropriate administration fee (see below).
(iii) your replacement agrees to be bound by these booking conditions. The administration fee will be £50 (or equivalent in Euros or US dollars) per person. You, as transferor of the holiday, and the transferee shall be jointly and severally liable to the Company for payment of the balance due, together with all additional charges of whatever sort imposed by the suppliers providing the component parts of your holiday charges.
(b) Cancellation by you
All cancellations must be advised in writing, signed by the person who made the initial payment and sent to the Company at St George's House, Ambrose Street, Cheltenham, Glos. GL50 3LG. Cancellations are effective on the day they are received by the Company. Recorded delivery is strongly recommended. Since we incur costs in cancelling your travel arrangements, the following cancellation charges will be payable, depending upon the number of days prior to departure the Company receives your notice of cancellation.
Written advice of cancellation received
Days prior to Departure Date % of Total Holiday Cost
71 days or more(10 weeks) Loss of deposit
70 days or fewer 100% of total holiday cost
During holiday 100% of total holiday cost
Please note that at certain times of year, peak season, stricter cancellation conditions may apply. Any such revised conditions will be notified to you prior to booking.
We strongly recommend that you secure adequate travel insurance, as per clause 6 below.
(c) Re-booking following a cancellation
Should you wish to cancel a holiday and re-book an alternative this will be subject to the cancellation terms within these booking conditions. If the alternative booking requires a greater deposit than has already been paid (after deducting cancellation fees) then the balance between what is required as a deposit and any sums already paid becomes due.
(d) Accuracy of information
We check the information which we provide about our holidays very carefully. However, tour, excursion, cruise or other additional services may change as a result of local conditions. Circumstances such as these, or weather conditions, may cause some of the amenities we have described to be unavailable or different from those advertised. When we are told of any significant or long term changes we will always endeavour to advise you prior to your departure.
(e) Amendments by the Company
Great care is taken to ensure that the description and prices given in our brochures and on our website are accurate at the time of publication. However, changes can occur, and the Company reserves the right to change any of the details in company literature, including prices, in which case the Company will advise you of any such change before accepting your booking. After a Confirmation Invoice has been issued, the Company makes every effort to operate all holidays as advertised. We plan arrangements a long time in advance of your holiday using independent suppliers such as villa and apartment owners, local transport operators, vehicle rental agencies and guides, over whom we have no direct control. In very rare circumstances, the Company may have to modify a holiday before you depart. Most of these changes are minor. However, if we consider them a material change we will notify you or your travel agent as soon as reasonably practicable. A material change includes a change of destination or a change to a lower standard accommodation, and/or price. In the case of a material change before your departure we will provide you with three alternatives. You may accept the modification, you may change your booking to another available and comparable holiday, or you may cancel and receive a full and prompt refund. If you choose another holiday which is more expensive you must pay the difference, but if it is cheaper, the Company will make the appropriate refund. If you cancel and receive a full refund following a material change made for any reason other than force majeure you will receive the following compensation, calculated according to the number of days prior to departure that you are notified of the change.
Days prior to Departure Date Compensation Per Person when Notification of Change is sent
More than 42 days £10
29 - 42 days prior £20
15 - 28 days prior £25
0 - 14 days prior £30
Force majeure means unusual and unforeseeable circumstances beyond the Company's control or the control of our suppliers, the consequence of which neither the Company nor its suppliers could avoid even with all due care, including, but not limited to, war, threat of war, riot, civil strife, terrorist activity, (actual or threatened), industrial dispute, unavoidable technical problems with transport, machinery or equipment, power failure, changes imposed by rescheduling or cancellation of flights by an airline, natural or nuclear disaster, fire, flood, drought, adverse weather conditions, epidemics or outbreaks of illness and level of water in rivers. We will not cancel your villa arrangement, less than 10 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If there is a minor change before you depart (that is, any change not included in the definition of a material change set out above), the Company will try to notify you, although it is not obliged to do so, nor is it obliged to pay any compensation. lf the Company becomes unable to provide a significant proportion of your holiday after it has commenced, every effort will be made to provide suitable alternative arrangements, which will be made for you at no extra charge to you or, alternatively, you will be returned to your point of departure and the company will, where appropriate, pay compensation.
If there is a minor change before you depart (that is, any change not included in the definition of a material change set out above), the Company will try to notify you, although it is not obliged to pay any compensation. lf the Company becomes unable to provide a significant proportion of your holiday after it has commenced, every effort will be made to provide suitable alternative arrangements, which will be made for you at no extra charge to you (save in the case of force majeure) or, alternatively, you will be returned to your point of departure and the company will, where appropriate, pay compensation. No compensation is payable in the case of force majeure.
(f) Cancellation by the Company
We reserve the right in any circumstances to cancel your holiday for any reason. However, we will not cancel your holiday less than 10 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If you fail to pay the balance of the holiday price at least 10 weeks (70 days) before departure, the Company will treat your booking as cancelled and levy the cancellation charges set out in clause 2(b). If the Company is obliged to cancel your holiday in any other circumstances before departure, the Company will use its best endeavours to offer alternative arrangements of equivalent or very closely similar standard and price, if available; travel arrangements of a lower standard and a refund of the difference in price; or will give you a full and prompt refund of all monies paid. In addition, unless the cancellation has been caused by force majeure or low bookings, the Company will pay you compensation as set out in clause 2(e).
3. Abercrombie & Kent price policy
(a) We reserve the right to alter the prices of any of the holidays shown in our brochure or on our website. You will be advised of the current price of the holiday that you wish to book before your contract is confirmed.
(b) When you make your booking you must pay a deposit, normally 30% of the booking cost, although it may be higher depending on the arrangements booked. The balance of the price of your travel arrangements must be paid at least 70 days before your departure date. If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit.
(c) The price of your travel arrangements is fully guaranteed and will not be subject to any surcharges once your deposit is paid.
(d) The Company is under no obligation to give a breakdown of the costs involved in a holiday.
(e) The Company reserves the right to notify you of an increase in the brochure or advertised price before accepting your booking and prices may go up or down. While we do our utmost to avoid such a scenario, due to human or computer error there may on occasion be an incorrect price shown in a brochure or online. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or within 7 days of the time of booking, or as soon as reasonably possible. We do have to reserve all our rights in a situation such as this which may include cancelling a holiday if the actual price applicable to the holiday is not acceptable to you. We will of course allow you to amend your holiday with us, if you so wish, to an alternative holiday at the correct price.
4. Responsibilities Of The Company
1) For accommodation only bookings, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We do not own any of the properties which we market and sell and we have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, any liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents, would rest with the suppliers/ subcontractors.
2) The suppliers/subcontractors and properties we select to market and sell are of a certain standard which we consider suitable to be associated with our brand. Many of these properties come with a high number of amenities and are also located in remote regions. Notwithstanding the high standards we expect from our suppliers/subcontractors and the properties we select, unexpected breakages, breakdowns and faults may occur in one or more of the amenities provided on the property notwithstanding regular servicing and maintenance. We will endeavour at all times to ensure our suppliers/subcontractors repair and replace any faulty amenities in the fastest time possible using reasonable endeavours however, we cannot be held liable for breakages, breakdowns and faults and we will not provide compensation in the event such breakages, breakdowns and faults occur.
3) For packages booked with us, we will accept responsibility for the arrangements we agree to provide or arrange for you as an "organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted package holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees' or suppliers' negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
4) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
(i) the act(s) and/or omission(s) of the person(s) affected;
(ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(iii)unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(iv)an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
5) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(i) for loss of and/or damage to any luggage or personal possessions and money, the maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind;
(ii) for claims not falling under 4 above and which don't involve injury, illness or death, the maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(iii) for claims in respect of international travel by air, sea and rail, or any stay in a hotel, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
6) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
7) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you.
8) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised by us. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
9) The descriptions, information and opinions provided by the Company in respect of the villas, apartments and other suppliers whose services are used are given in good faith, based on the latest information available at the time of printing.
10) Our acceptance of liability is also conditional upon you following the procedures for notification of complaints set out in Clause 11, and upon you assigning to the Company any right you may have against any other person whose acts or omissions have given rise to the Company's liability.
11) We cannot be held responsible for the failure of public utilities such as water, gas and electricity. We can also not accept any responsibility for any problems that you encounter in connecting to the internet, for any reason. We would ask clients to advise their A&K Concierge or local representative as soon as they are aware of any such problems, and, whilst every effort will be made to repair / replace as quickly as possible, this cannot be guaranteed due to the location and style of the properties, as well as the technical variability and potential incompatibility of networks, hardware and software.
12) Our suppliers (such as transport providers) have their own booking conditions or conditions of carriage, and these conditions are binding between you and the supplier. Some of these conditions may limit or remove the relevant transport provider's or other supplier's liability to you. You can get copies of such conditions from our offices, or the offices of the relevant supplier.
13) If we make any payment to you or any member of your party for death, personal injury or illness, you must co-operate fully with us in seeking recovery of any payment we make.
14) Operational decisions may be taken by air carriers and airports resulting in delays, diversions or rescheduling. Abercrombie & Kent Villas has no control over such decisions, and is therefore unable to accept responsibility for them. Where, as a result of circumstances beyond our control we are obliged to change or end your holiday after departure, but before the end of your holiday, we will not pay compensation or reimburse you for expenses incurred. You must have adequate travel insurance for your holiday and should claim via your insurance company for any loss or damage to luggage and/or personal possessions. In the event that any claim is made directly with us, our liability to pay compensation and/or the amount of compensation will be limited in accordance with the conventions referred to above.
15) We can accept no responsibility for the existence or occurrence of animals or insects in or around villas.
16) Nothing in the above shall limit or exclude the Company’s liability for fraud or for death or personal injury caused by negligence, or to the extent otherwise not permitted by law