Booking Conditions for Orchid Holiday Homes

The following Booking Conditions together with the General Information contained on the website form the basis of your contract with Orchid Holiday Homes, hereinafter referred to as OHH. Please read them carefully as they set out our respective rights and obligations. 

[In these Booking Conditions, “you” and “your” means all persons named on the booking (including anyone who is added or substituted at a later date). “We” and “us” means the owner of the property. All bookings are made subject to these booking conditions.OHH act as Agents for owners, and are not Principals.

YOUR HOLIDAY CONTRACT

The hiring contract will be between you and the Owner of the property for which the booking is made and shall be deemed to be made subject to these Conditions of Hire. Your contract with us will be governed by English Law and is subject to the exclusive jurisdiction of the English Courts at all times. The Contract of Hire is not effective until OHH dispatch to you written confirmation of the booking. The contract is for the hire of the property for holiday purposes only.

When making a booking as Party Leader, you guarantee that you have the authority to accept and do accept on behalf of your party these terms and conditions. You must be at least 18  years old to make a booking with us. Your contract with OHH is made once your booking has been confirmed.

1. BOOKING PROCEDURES

Bookings can be made by completing the booking form sent to you via email or post it to OHH.

Once we have received your booking form and booking deposit, we will, subject to availability, confirm your stay by issuing a confirmation by email which will be sent to the party leader. Please check the information carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later. We regret we cannot accept any liability if we are not notified of any inaccuracies in any document within 5 working days of our sending it out.


Number of persons

Only those persons whose name appears on the Booking Form may sleep at the property. The number of persons (adults and children) must not exceed the number of sleeping places indicated on the website. The substitution of persons during the rental period is forbidden unless previously agreed.

Arrivals
On arrival you must present your confirmation details/booking form to the Property Management Representative who will meet you at the resort, take you to your property, show you around the property and hand over the keys. If you have a late arrival, then certain properties have a ‘key safe box’.


2. INITIAL PAYMENT
In order to confirm your stay, a non returnable deposit of 20% with a minimum payment of £250(or full payment if booking within 8 weeksof departure) must be paid at the time of booking. 

This deposit is not refundable in the event of your cancellation or failure to pay on time as set out below.

The balance of the cost of your stay must be received by us not less than 8 weeksprior to departure (or at the time of booking if this date has passed). This date will be shown on the confirmation email. If you have not paid in full and on time we reserve the right to treat your booking as cancelled by you. In this case the cancellation charges set out in clause 6 below will be payable.

3. BALANCE PAYMENT

The balance of hire will be due for payment 8 weeks prior to departure plus a damage deposit of £250is also required with full payment 8 weeks prior to departure. This deposit will returned in full when the property has been fully inspected and if no deductions are required. If the security deposit is not sufficient to cover any damage caused or service charges incurred by you; you will be responsible for paying us additional monies required immediately on request from us.

4. METHOD OF PAYMENT

Payment can be paid via bank transfer or if you prefer send a cheque payable to Orchid Holiday Homes. Credit card payments are subject to a 4% handling charge.

5. CONFIRMATION OF BOOKING
The price of your stay will be confirmed at the time of booking, subject to the correction of any errors. We reserve the right to correct errors in both advertised and confirmed prices. We will do so as soon as we become aware of the error. Please note, changes and errors occasionally occur. You must check the price of your stay at the time of booking.Should you wish to make any changes to your confirmed booking, you must notify us by email as soon as possible. Whilst we endeavour to assist, we cannot guarantee we will be able to meet any such requests. Where we can, an amendment fee may be payable together with any costs incurred by ourselves.

6. BOOKING CANCELLATION
Should you need to cancel your stay after the contract has begun the party leader must immediately advise us either by cancelling via an email or advising us in writing. Your notice of cancellation will only be effective when we receive it in writing. As we incur costs from the time we confirm your booking and may be unable to re-sell your period of stay, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost of the booking excluding amendment charges. Amendment charges are not refundable in the event of cancellation.

Period before start of stay within which written/email notification of cancellation is received by us

Cancellation charge

more than 8 weeks

deposit only

less than 55 – 28 days

deposit + 70% of balance

less than 28 days

deposit + 100% of balance

Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of any insurance policy you may have. Claims must be made directly to the insurance company concerned. 

7.HOLIDAY INSURANCE
It is strongly recommended that you take out adequate travel insurance. Please read your policy details carefully. It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs.

8. LITERATURE
OHH takes every care to ensure the accuracy of the property descriptions. All information on our website is given in good faith and is believed to be correct at the time of going to press, but OHH cannot be held responsible for changes beyond their control, which may become known after publication of this literature.Occasionally, we have to make changes to and correct errors on our website descriptions and other details both before and after bookings have been confirmed. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. If we have to make a significant change to or cancel your booking, we will tell you as soon as possible. We will endeavour to offer you alternative accommodation should a significant change or cancellation occur or alternatively offer you a full refund.

It is also important to remember that depending on the season, some restaurants, communal pools, water sports and water parks do not operate at all times.

We regret we cannot pay any additional expenses, costs or losses incurred by you as a result of any change or cancellation.

Very rarely, we may be forced by "force majeure" (see clause 9) to change or terminate your stay after departure but before the scheduled end of your time away. This is extremely unlikely but if this situation does occur, we regret we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result. 

9. FORCE MAJEURE
We regret we cannot accept liability or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected by or you otherwise suffer any damage or loss as a result of "force majeure". In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, breakdown of appliances, plumbing, wiring, temporary invasion of pests, adverse weather conditions, fuel shortages, power cuts, fire and all similar events outside our control.

10. LIABILITY
10.1. We promise to provide your accommodation with reasonable skill and care. We do not accept responsibility if any death, personal injury, failure or deficiency of your accommodation arrangements is not caused by any fault of ours. When we talk about “fault” above, this means failure by ourselves to use reasonable skill and care in performing or providing the service in question. Please note it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim. 

We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
(a) the fault of the person(s) affected or any member(s) of their party or
(b) the fault of a third party not connected with the provision of your accommodation by us which we could not have predicted or avoided or
(c) an event or circumstance which could not have predicted or avoided even after taking all reasonable care (see clause 9)

We shall not be liable to you for:

a) any temporary defect or stoppage in the supply of public services to the ‘Property’, nor in respect of any equipment or appliances in the ‘property’, garden or swimming pool.

b) for any noise or disturbances from any work under construction.

c) for any injury caused as a result of misuse of the pool or pool area or if the resort has closed the pool for maintenance. Guests are specially requested not to allow unsupervised children under 12 to use the pool or the pool area.


In addition, we will not be responsible where you do not enjoy your stay or suffer any problems because of a reason you did not tell us about when you booked your stay or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or any losses, expenses, costs or other sum you have suffered relate to any business.

Please note, we cannot accept responsibility for any services that do not form part of our contract. This includes, for example, any additional services or facilities any other supplier agrees to provide for you.

10.2. The promises we make to you about the accommodation we have agreed to provide or arrange as part of our contract - and the laws and regulations of Spain in which your claim or complaint occurred - will be used as the basis for deciding whether the accommodation in question had been properly provided. If the particular accommodation which gave rise to the claim or complaint complied with local laws and regulations applicable to those accommodation at the time, the accommodation will be treated as having been properly provided. This will be the case even if the accommodation did not comply with the laws and regulations of the UK which would have applied had that accommodation been provided in the UK. 

10.3. *We limit the maximum amount we may have to pay you for any and all claims or parts of claims which do not involve personal injury, illness or death. Except where loss of and/or damage to luggage or personal possessions is concerned or a lower limitation of liability applies to your claim, the maximum amount we will have to pay you for such non personal injury claims if we are found liable to you on any basis is twice the price (excluding insurance premiums and amendment charges) 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 have not received any benefit at all from your stay. 

*Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £35 per person affected as you are assumed to have taken out adequate insurance at the time of booking. 

11. YOUR RESPONSIBILITIES
You accept responsibility for any damage or loss caused by you or any member of your party. Full payment for any such damage or loss must be paid direct to us at the time. If you fail to do so, you will be responsible for meeting any legal costs we incur in full in recovering full payment from you.

(i)            You agree to be a considerate tenant and to take good care of the ‘Property’ and to leave it in a clean and tidy condition at the end of the rental period. Although the property will be cleaned after your departure, it must be left in an orderly state and all kitchen utensils mush be washed, dishwasher emptied and any BBQ in the property fully cleaned. Should the property require extensive cleaning or crockery/utensil washing then The Agent reserves the right to withhold any monies from the security deposit to pay for the extra cleaning.

(ii)           You agree not to act in any way which would cause disturbance to those residents in neighbouring properties. We also have a non smoking policy within the property.

(iii)          If you break or damage any item on the property then you must contact the Management Company immediately to inform them. If you notify the Management Company straight away, you may only be liable for the cost of the breakage / damage which will be taken out of the breakage deposit, however if you fail to inform the Management Company then you will be liable for the cost of the breakage / damage plus the time to purchase and replace or fix the item/s. (Please note: with minor breakages the owner may not wish to deduct any monies)

(iii)          If you lock yourself out of the property there will be a call out charge with price depending on the location of the property. If we are unable to gain entrance into the property due to keys being left inside the lock, we may need to call out a locksmith and all charges will be charged to you. If you are unfortunate to lose the property keys during the rental period you may be charged.

(iv)          All vehicles are parked on the property at your own risk.

(v)           No pets are allowed at the property.

(vi)          Private Swimming Pool – each private swimming pool is maintained on a regular basis. You agree to take good care of the pool and follow our guide lines to ensure the pool is kept to a good standard. We recommend you shower before using the pool.

If you notice deterioration in the quality of the pool, you must contact the Management Company immediately. Consequently, on inspection of the pool, if the cause is due to negligence then you may be liable for extra maintenance which will be taken out of the breakage deposit.

We expect all clients to have consideration for other people. If in our reasonable opinion or in the reasonable opinion of any other person in authority, you or any member of your party behaves in such a way as to cause or be likely to cause danger, upset or distress to any third party or damage to the property, or in any way damage the reputation and/or goodwill of the Owners we are entitled, without prior notice, to terminate the occupation of the person(s) concerned. In this situation, the person(s) concerned will be required to leave the accommodation. We will have no further responsibility toward such person(s). No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. 

12. SPECIAL REQUESTS
If you have any special request, you must advise us at the time of booking and clearly note it in the extra information section of the booking form. *Although we will endeavour to meet any reasonable requests we regret we cannot guarantee any request will be met. Failure to meet any special request will not be a breach of contract on our part. We regret we cannot accept any conditional bookings, i.e. any booking which is specified to be conditional on the fulfillment of a particular request. All such bookings will be treated as “standard” bookings subject to the above provisions on special requests. 

If you or any member of your party has any medical problem or disability that may affect your stay, please tell us before you confirm your booking so that we can advise as to the suitability of the chosen arrangements. In any event, you must give us full details in writing at the time of booking. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to decline their reservation or, if full details are not given at the time of booking, cancel when we become aware of these details. 

13. COMPLAINT PROCEDURE
In the unlikely event that you have any reason to complain or experience any problems with your stay whilst away, you must immediately inform the Management Company so that they can make an attempt to resolve the problem. You shall report to the Property Management Company, without any delay, any defects in the ‘property’ or breakdown in the equipment or appliances in the ‘property’, and arrangements for repair and/or replacement will be made as soon as possible. You are obliged to give us the time necessary to resolve the problem.  Any verbal notification must be put in writing and given to us as soon as possible and within 7 days of your return home. Until we know about a problem or complaint, we cannot begin to resolve it. Most problems can be dealt with quickly. For all complaints and claims which do not involve death, personal injury or illness, we regret we cannot accept liability if you fail to notify the complaint or claim entirely in accordance with this clause. 

Should there be no written complaint supplied as above specified and you leave the accommodation prematurely and without an explicit authorisation by us, you forfeit your right for a refund of the rental price, unless the terms of this contract have been breached. Complaints received at the end of the stay will not be taken into consideration and no refunds will be given.

Should a complaint be upheld and a refund forthcoming the amount will be agreed between you, us and OHH

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