In these Conditions:
Arrival Date: means the start date of the Booking, as set out in the Booking Form. Booking: means the letting of a Property to a Client by PPA acting as agent for the Owner. Booking Form: means the Booking Form supplied to, completed and signed by the Client, which contains details of the Booking. Client: means the person whose signature appears on the Booking Form and all other persons on whose behalf the Booking is made. Owner: means the owner of the Property. PPA: means Art Study Tours Limited trading as Private Properties Abroad (company number 2162331), whose registered office is at South Hill, Whixley, York, YO26 8AT. Property: means a property (house and grounds) offered for letting by PPA on behalf of the Owner. Rental Amount: means the rental payments due in respect of a Booking.
2. Making a Booking
2.1 These conditions and the terms contained in the important information section of the brochure (“Important Information”) shall apply to all Bookings made with PPA. Payment of any sums to PPA or confirmation (whether written or verbal) of a booking or any other act consistent with a confirmed booking will be deemed acceptance of both these conditions and the Important Information.
2.2 Receipt of all or part of any Rental Amount does not constitute acceptance of a Booking. A Booking is only accepted and becomes legally binding when PPA issue a confirmation receipt. The Client must check all details in the confirmation receipt and inform PPA within 48 hours if there are any errors. Any errors identified after this time period that need rectifying may be subject to an administration charge. PPA reserves the right to decline any Booking.
2.3 If any member of the party has any medical problem or disability that may affect the Booking, please tell PPA giving full details in writing as early as possible. If the Owner reasonably feels unable to properly meet that person’s particular needs, the Booking may be refused or cancelled.
2.4 PPA acts as agent of the Owner to organise Bookings of Properties. When the Client books a Property, it is entering directly into a contract with the Owner and PPA may charge a fee for arranging the Booking.
2.5 As PPA acts as an agent when taking Bookings, it accepts no legal responsibility for any contract the Client enters into for the Property or for the acts or failures to act of any Owner.
2.6 If the Client makes more than one booking with PPA at the same time, the price charged in total for more than one Booking will always equal the prices charged separately for each individual booking. All arrangements are available to be purchased separately at the same price as they are when more than one Booking is made. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.
2.7 All Properties in brochures are offered by the Owners for the sole purpose of holiday lettings, unless expressly agreed otherwise in writing by the Owner and PPA. Accordingly the Client agrees that the Booking is for the sole purpose of holiday accommodation and accepts that it is not offered any rights to the Property other than the right to occupy the property as holiday accommodation for the period of the Booking. No Booking of any kind is an ‘Assured Shorthold Tenancy’ or protected under the Protection from Eviction Act 1977.
3.1 The Client must organise insurance in respect of the Booking, which must cover the full Rental Amount.
3.2 It is recommended that such insurance includes protection against loss of life, personal injury, medical expenses, accidents, weather, fire and infestations.
4. Payments and Charge
4.1 For Bookings made more than eight weeks prior to the Arrival Date a deposit of 30% of the Rental Amount is to be paid on making the Booking and the balance of the Rental Amount is payable not less than eight weeks prior to the Arrival Date. For Bookings made less than eight weeks prior to the Arrival Date, the Client will be required to pay the full Rental Amount at the time the Booking is made.
4.2 In the event of payment not being made in accordance with these conditions PPA shall be entitled (without prejudice to any other of its rights or remedies) to terminate the Booking and retain any deposit paid. A late final payment, if accepted, will attract a surcharge at 2.5% of the outstanding Rental Amount.
4.3 The Rental Amount and charges stated in the brochure are calculated on the basis of costs and rates of exchange prevailing at the time of going to press (October 2017).
4.4 PPA reserves the right to revise the Rental Amounts to take account of fluctuations in exchange rates or any increase in the cost of quoted Property rental or services. Invoices are issued in either UK sterling or for certain Properties in Euros. The Rental Amount shall be fixed at the time of the Booking.
4.5 The prices quoted are per week. Bookings are for a minimum of 7 nights (or as stated in the brochure), and in most cases include staff, gas, electricity, water, linen and household laundry. Electricity charges may apply during low, mid and occasionally during high season. House and/or pool heating are not always included in the price and may be charged extra if not stated. Telephone, fax, minitel, personal laundry, food, drink and sometimes beach towels, are not included in the price. PPA will confirm with the Client at the time the Booking is made, what services are included in the Rental Amount.
4.6 A refundable inventory deposit is requested with final payment, as specified by the Owners. The inventory deposit will be returned to the Client within 4 weeks of return less any charges that PPA is entitled to deduct in respect of property damage, telephone/fax bills (please note telephone accounts can take some time to be processed) and charges for extra guests under clauses 8 and 9 below.
4.7 Except where otherwise advised, all Rental Amounts paid to PPA (except for bookings fees and any commission) will be held by PPA on behalf of the Owner and forwarded on to the Owner in accordance with PPA’s agreement with them.
4.8 If at any time it is found that the number of guests at the Property is greater than the amount specified on the Booking Form/agreed with PPA in writing, PPA may (in its sole discretion) charge the Client an additional amount for the extra guests or ask the Client to promptly vacate the Property.
5. Alteration/cancellation of Booking by Client
5.1 The cancellation of a Booking will be accepted only if it is in writing and signed by the person who signed the original Booking Form. The day PPA receives written notice of the cancellation is the date on which the cancellation is effective. In the event of a cancellation, the charges below apply. PPA shall also be entitled to retain a further sum in respect of clerical, administration and other expenses incurred by it in relation to the Booking and subsequent cancellation, including without limitation any bank/card processing fees. If such sum exceeds the proportion of the forfeited Rental Amounts which are retained by PPA, the Client shall be further liable to pay such amounts to PPA on demand.
5.2 Should the Client cancel the Booking the following charges will apply:
5.2.1 more than 8 weeks prior to the Arrival Date: forfeiture of deposit.
5.2.2 between 1 day to 8 weeks prior to the Arrival Date: 100% of the Rental Amount to be retained by PPA on behalf of the Owner.
5.3 If the Client chooses, during the rental period, to abandon the arrangements made by PPA and make its own arrangements, unless PPA is at fault and has been afforded the opportunity to rectify the situation, (see clause 6.3). PPA accepts no liability and no refunds will be made for any unexpired part of the rental period.
5.4 If, after PPA’s written confirmation of a Booking, the Client wishes to make an alteration to the Booking, PPA will use its reasonable endeavours to make the changes, provided that notification is given to PPA at least six weeks before departure. PPA cannot guarantee that it will be able to accommodate the Client’s request. Each request for change must be accompanied by a payment of £50 to cover PPA’s administration costs. If the changes cannot be accommodated and the Client decides to cancel the Booking, the cancellation provisions (including the charges) set out above will apply.
6. Alteration/cancellation of Booking by PPA/Owner
6.1 PPA reserves the right at any time to cancel or modify a Booking or other arrangements. PPA will only do this for a valid reason (for example the Owner not being able to make the Property available for the period of the Booking) and will notify the Client as soon as possible.
6.2 In the event of a cancellation or modification that has a material effect on the Client’s stay at the Property, PPA shall reimburse all monies paid by the Client, except when such cancellation/modification has occurred during the course of the rental period, in which case money will be reimbursed on a pro rata basis in relation to the rental period remaining.
6.3 Alternatively, at the Client’s option, PPA will use its reasonable endeavours to:
6.3.1 offer an alternative Property of an equivalent standard and rental value for the period of the Booking (or part thereof); or
6.3.2 offer an alternative Property of a lower standard and rental value for the period of the Booking (or part thereof) and refund the difference in the Rentals Amounts.
6.4 Save as set out in this clause 6, PPA will have no further liability to the Client in respect of any alteration or cancellation.
7. Events beyond PPA’s control
Unfortunately PPA or the Owner will not be legally responsible either jointly or individually for any compensation if PPA/Owner are prevented from carrying out its responsibilities in relation to a Booking as a result of events beyond the control of PPA/Owner. This means an event PPA/Owner could not avoid, including (but not limited to) fire, flood, snow or storm; accident; breakdown of equipment or machinery; strike, lock-out or labour dispute; natural disaster; acts of terrorism, war, riot or civil commotion; malicious damage; keeping to any law or governmental order, rule, regulation or direction, including advice from the foreign office to avoid or leave a country; insolvency or bankruptcy of an Owner; difficulty or increased cost in getting workers, goods or transport; and other circumstances affecting the supply of goods or services.
8. The Property
8.1 Descriptions of the Property contained in the brochure or referred to by PPA are based on the latest information available at the date of publication and are given by PPA in the belief that the same are accurate. If any changes are made to the descriptions PPA will notify the Client of these before the Booking is confirmed. The Client should seek confirmation if there is some important detail relevant to their Booking.
8.2 Under no circumstances can the number of people in a Property exceed the number stated except where written permission has been received from the Owner or PPA. If no written permission has been obtained PPA shall have the right to make additional reasonable charges. The printed maximum includes all children and guests.
8.3 PPA does not accept responsibility for any failure of the facilities available at the Property, including, without limitation, breakdown of public utilities or communications, swimming pool filtration systems, swimming pool heating systems or infestation etc, although PPA will, through its local agents, use its reasonable endeavours to arrange for any problems to be solved.
8.4 Neither PPA nor the Owner is responsible for noise or disturbance originating beyond the boundaries of the Property or which is beyond its control.
8.5 No complaint will be accepted after departure from the Property unless the problem was not resolved to the Client’s reasonable satisfaction.
8.6 The Owner (and its representatives) are allowed to enter the Property (without notice) if special circumstances or emergencies happen (for example if repairs need to be carried out) or if the Client breaks any of these booking conditions. The Owner or its representative is allowed to enter the Property on reasonable notice to inspect it including but not limited to where the Client has complained about the Property.
8.7 The Client agrees to allow the Owner or their representatives (including workmen) access to the Property as required by this clause.
9. Behaviour and Damage
9.1 The Client is responsible for the correct and decent behaviour of the party. Unacceptable, anti-social behaviour may result in eviction from the Property without compensation.
9.2 Visiting dogs or pets are allowed only by special arrangement.
9.3 The Client must (and must ensure that all members of its party will):
9.3.1 keep the Property clean and tidy;
9.3.2 leave the Property in a similar condition as it was when the party arrived (subject to normal cleaning that would be expected on departure of the Property;
9.3.3 behave in a way at all times while at the Property which does not break any law;
9.3.4 not to use the Property for any illegal or commercial purpose; and
9.3.5 not to sublet the Property or any part thereof or otherwise allow anyone to stay in it who we have not previously accepted on behalf of the Owner as a member of the Client’s party.
9.4 The Client is responsible for and agrees to reimburse to PPA/the Owner for costs incurred by PPA/the Owner as a result of any breakage or damage in or to the Property which is caused by the Client, any members of the Client’s party or any other persons invited into the Property.
9.5 The Owner expects the Property to be left in a reasonable state on departure. If in the Owner’s or caretaker’s opinion, additional cleaning is required, the Client will be liable to the Owner for the cost of this cleaning.
9.6 The Client may be required to check and sign an inventory of the Property and its contents on arrival. If the Client discovers anything is missing or damaged on arrival it must notify a member of house staff immediately.
9.7 If the Client breaks any of the conditions contained in these Booking Conditions, PPA may ask the Client to vacate the Property with immediate effect.
10.1 In the unlikely event of any complaints not being rectified during the rental period in accordance with clause 8.5, the Client must put confirm the complaint in writing and send to PPA within 7 days of the end of the rental period setting out the relevant details. If the Client fails to adhere to this timescale it may affect PPA’s ability to investigate the issue and may affect the Client’s entitlement to compensation.
10.2 Please send any complaints to: Private Properties Abroad, South Hill, Whixley, York, YO26 8AT.
10.3 A copy of PPA’s complaints procedure is available upon request.
11. Liability of PPA
11.1 PPA acts only as agent in arranging Bookings on behalf of the Client and the Owner of the Property and so PPA accepts no legal responsibility for any act or neglect on the part of the Owner or of anyone representing or employed by the Owner or for any problems or faults with or in any Property.
11.2 PPA accepts responsibility for its commitment to the Client in these Booking Conditions and also for loss or damage sustained by the Client as a result of PPA’s negligence.
11.3 PPA’s liability for any loss or damage suffered by the Client which is the fault of PPA shall be limited to the Rental Amount.
11.4 PPA does not exclude or limit its liability for death or personal injury caused by its negligence, for fraud or for any other matters that cannot by law be limited or excluded.
12. Law and Jurisdiction
12.1 These conditions, the Booking Form and the Booking to which they apply are governed by English Law.
12.2 All disputes arising between the parties in connection with these terms and the Booking shall be subject to the non-exclusive jurisdiction of the English Courts.
Registered Office: Art Study Tours Ltd, South Hill, Whixley, York YO26 8AT. UK
Company Registration No 2162331 London
VAT Registration Number 494 5477 96
www.ppaproperties.com PRIVATE PROPERTIES ABROAD Tel: +44 (0)1423 330533
AST Ltd 2017/2018