THE CONTRACT
Your booking will be a contract with Real Marbella Options
SL , which specialises in the provision of holiday accommodation in apartments
and villas and hotels in Miami for independent holidaymakers. Miami Options
is not a tour operator or organiser and does not provide travel arrangements
itself.
Any contract made is subject to North American law and
to the non-exclusive jurisdiction of theNorth America courts, unless you live
in Canada, in which case the law and jurisdiction of the relevant country
will apply.
Your signature on the booking form will be taken as your
acceptance (on behalf of yourself and all members of your party) of the following
terms and conditions and confirmation that you, as the party leader, are over
18. It is therefore important that you read and understand them. Any term
or condition, which you do not understand, must be discussed with a member
of staff at Miami Options before the contract is signed.
A contract will exist when we confirm your reservation in writing by a
booking confirmation letter and/or a receipt.
BASIS OF BOOKING
If you consider that any representation made to you verbally
or in writing prior to making a contract with Miami Options is important and
should form part of the contract, you must bring this to the attention of
Miami Options at the time of making your booking.
All data and information included in our brochure is,
to the best of Real Marbella Options SL’s knowledge and belief, correct at
the time of publication. Nevertheless,Real Marbella Options SL must reserve
the right to make changes to data and information contained in our brochure
and you will be advised of these changes either at the point of booking or
when they become known to us. This will be limited to changes which we consider
to be vitally important to the contract or which may adversely affect enjoyment
of your holiday. If you consider that any facility or service featured in
our brochure is essential to the enjoyment of your holiday, please advise
us at the time of booking and, if at all possible, we will use our best efforts
to meet your request. We cannot guarantee that advertised facilities and features
will be available at all times and we may well have no prior warning of such
non-availability, Sports facilities, such as golf, tennis, etc, may be subject
to non-availability, for example, due to pre-booked competitions. Neither
can we be held responsible for inclement weather.
Any incorrect spelling, photograph,
calculation or other error or omission in our brochure, any quotation, price
list, confirmation of reservation or invoice or other document or information
issued by Miami Options shall be subject to correction by Miami Options.
Whilst Miami Options has used all reasonable endeavours to ensure that
the descriptions in our brochure are accurate at the time when they inspected
the accommodation, no responsibility or liability can be accepted for any
modifications or changes made by the owners of the relevant accommodation,
without the knowledge of Miami Options.
In order to make a booking, you must contact us to establish that your
selected accommodation is available for the dates required. You can access
our reservation system in order to do this via our website (www.miamioptions.com),
or alternatively, contact us by telephone, fax or e-mail. (See contact details
below).
In order to confirm your booking, you will be required
to pay a deposit of 25% of the property rental fee (if booking more than 75
calendar days prior to departure). However, the full amount will be payable
at the time of booking if you book less than 75 calendar days before departure.
It will not be until we have received the relevant deposit in cleared funds
in our account and we confirm your reservation in writing by a booking confirmation
letter and/or a receipt, that a contract for the booking of the property will
come into existence.
Once we have received your deposit or payment of the full
property rental, your reservation will be confirmed in writing by a booking
confirmation letter and/or an invoice or receipt.
You will be invoiced for the balance of the property rental
fee, (and if applicable, the price of any extras which Miami Options has agreed
to provide), which will be payable not less than 75 days before the day on
which you travel to the accommodation or this balance will be payable immediately
if your date of travel is 75 days or less from the date of booking. Time is
of the essence regarding payment so, if you do not make a payment to us when
due, you will be in breach of contract and we reserve the right to cancel
your reservation in our absolute discretion. In this event, the deposit which
you have paid will be forfeited or, if no such deposit has been paid, we will
be entitled to payment of a sum equivalent to a 25% deposit from you. to take
advantage of any special offers or of the web bookiing discount, the full
amount of the rental must be paid at the time of booking. Miami Options SL
will always charge the client in Euros regardless of whether the booking was
confirmed in another currency.
Any price promise which we may issue is subject to any
payment by you being made on time.
If you pay for your holiday by visa or master card, a handling fee of 2%
will be charged (2.5% American Express). There is no handling charge if you
pay by debit card or by cheque. Visa or master card handling fees are non-refundable
in the case of cancellation. However, where visa or master card companies
do refund any handling fees, these will always be passed back to you in full.
Credit card fees may be waived at discretion.
BOOKING CONFIRMATION
Once all payments due from you have cleared through our bank account, we
will send to you confirmation of your reservation, together with contact names,
telephone numbers and addresses of our office in Marbella, who will be our
representatives in Spain during your holiday.
PRICE PROMISE
Prices for accommodation in this brochure were calculated
on the basis of known costs as at 25th March 2004. Prices stated inclusive
of VAT applicable at 25th March 2004 but may be subject to change by governmental
regulations. The price of unsold holidays are constantly under review and
may be increased or decreased at any time. Current prices can be accessed
via the Miami Options website, by contacting us or through your local independent
travel agent. The price of your holiday will be confirmed on booking. When
you have booked your holiday and paid your deposit or the full amount if you
book within 75 calendar days of departure, the price of your holiday as shown
on your confirmation invoice is guaranteed and will not be subject to any
changes or surcharges unless you elect to change the confirmed booking. At
no time is Miami Options liable to give a breakdown of costs due to the nature
of the holiday bought by you.
However you should be aware that Miami Options may offer
to adjust its prices to reflect those prevailiaccommodation at lower prices
than that at which you booked as part of a promotional offer and you will
not be entitled to a retroactive adjustment to the price of your booking in
such circumstances. If you are late in making payment for whatever reason,Real
Marbella Options SL reserves the right ng at the particular date of payment.
While it is rare, there are instances where we will not be able to implement a confirmed booking. Should we not be able to provide the accommodation in accordance with a confirmed reservation, provided we receive notification in advance, we will use our endeavours to offer alternative accommodation of at least the same standard or higher of that reserved, with the option for you to cancel the booking for a full refund of all monies paid by you. Whether or not we are able to offer alternative accommodation, the following will apply. Where we advise you of the change 56 or more days before the commencement date of the reserved booking, neither you nor anyone in your party will be entitled to any compensation. Where we advise you of the change 14 days or more before commencement of the reserved booking, we will pay compensation to you of £25 (twenty five pounds) per person in the booked party and where this occurs less than 14 days before the commencement date of your reserved booking £50 (fifty pounds) per person included in the booking.
You must notify us of your choice as to whether to accept the alternative accommodation or to receive a full refund within 7 (seven) calendar days of our offer. If you do not do so, then you will be deemed to have elected to accept the offer of alternative accommodation and Miami Options will proceed on that basis.
Important: Please note that the above rights to compensation will not apply
where changes or non-availability is due to a reason of force majeure, meaning
circumstances or an event which is beyond our reasonable control, such as,
for example, strikes, industrial action, war, natural disaster or government
action.
In the event of a minor change, being one which Miami
Options could not reasonably expect to have a significant effect on the holiday,
Maimi Options will use reasonable endeavours to notify you of the same, but
you will not be entitled to cancel or to receive compensation for a minor
change.
VARIATION TO THE BOOKING BY YOU
While we will use all reasonable endeavours to accommodate a variation
to the booking, by you, this will not always be possible. Where we are able
to make the amendment, we reserve the right to charge an amendment fee ranging
from £25 per person up to a maximum of £100 per booking, depending on the
circumstances. This in addition to any additional property rental fee which
may be due.
CANCELLATION CHARGES
Should you wish to cancel a confirmed reservation, you
must inform us in writing immediately, by post, email, facsimile or hand delivery.
Verbal cancellations will not be accepted. For your own protection we would
advise that when informing us of a cancellation by post, you must send it
by recorded delivery, as proof of posting will not be accepted as proof of
receipt. If you cancel, this will be subject to a cancellation charge, as
set out in the following table (with the percentage referring to the Property
Rental Fee). Please note that the charges are calculated from the actual day
that Maimi Options receives your written notification.
|
Number of Days Before |
|
|
Departure Date |
Amount you must pay |
|
More than 75 days |
Deposit only |
|
|
(and insurance premium, if applicable) |
|
Between 74 days and 43 days |
50% |
|
Between 42 days and 29 days |
60% |
|
Between 28 days and 15 days |
80% |
|
Between 14 days and 1 day |
100% |
|
Date of Departure |
100% |
We will only cancel a confirmed reservation in the case
of late or non-payment of an invoice or for reasons of force majeure. In the
event of cancellation due to force majeure, we will offer you the choice of
either a full refund of all monies paid by you to us or, if we are able, using
the monies paid as part or full payment for alternative accommodation, which
will be arranged subject to availability.
The number of people in a booking party must not exceed
the number of sleeping places indicated in the brochure for the relevant accommodation,
except in the case of infants (defined as a child under 2 years of age, who
sleeps in a cot). Any change in the number of people staying at the accommodation
must be notified to Miami Options in writing in advance, such notice to be
received by Miami Options not less than 7 calendar days prior to the first
day of your occupancy of the accommodation. We will use our best endeavours
to meet any reasonable requests in this regard but we are not able to guarantee
that any change in numbers will be possible once the booking has been made.
In the event that, during an inspection, cleaning or other visit, Miami
Options reasonably considers that the number of occupants at the accommodation
exceeds the number booked, Miami Options reserves the right, in its absolute
discretion, to require an additional payment for extra occupants or to require
you and your party to leave the accommodation immediately, without you or
any member of your party being entitled to any refund or compensation payment
from Miami Options.
The rental period is from 16.00 hours (local time) on
the day of arrival until 10.00 hours (local time) on the day of departure.
Any variation to these times is by prior arrangement only. Where ever possible
we will seek to allow earlier access or later departure to assist with your
travel arrangements. However, there may be a charge for this (payable locally,
if not paid in advance) to cover administration costs and the rescheduling
of cleaning staff, etc. With the exception of clients staying in hotels, it
is essential that you notify the Miami Options office no less than one week
prior to the date of arrival of your planned time of arrival at your chosen
accommodation so that arrangements can be made to hand over keys. Should you
be late in arriving at your accommodation, please contact the Miami Options
office on the telephone number provided in your accommodation voucher.
The accommodation will have been thoroughly cleaned/serviced prior to the
commencement of your holiday. You are required to leave the accommodation
in a similarly clean and tidy condition, with the inventory complete. Should
you fail to do so and additional cleaning is required, an additional charge
will be made.
You are responsible for the keys to the accommodation whilst they are in
your possession and for their safe return to the local agent or on the site
caretaker. Lost keys will be charged at £5 per key.
Please note that you will be required at all times to
abide by local community regulations. These are normally posted within the
grounds of the communities but they can also be made available to you upon
request prior to your holiday. These regulations are aimed at allowing all
guests to enjoy themselves and ensuring that the quality of the environment
within the community is not adversely affected.
Any valuables left at the property are left at your own
risk. Neither Miami Options nor the property owner or representative are responsible
for their loss. As with all rental properties in prime locations there may
be a risk of burglary. Where provided, burglar alarms should be activated,
safes used and proper care taken against theft and burglary. We accept no
loss or damage or consequential losses due to the theft or any other security
related incident however caused.
The properties featured within our portfolio are intended for use as holiday
accommodation. Under no circumstances must the accommodation be used for any
commercial purposes or illegal activities.
No pets or animals of any kind may be taken into or kept in the accommodation
at any time. For long term lets this may be possible at certain locations
- details on request.
BEHAVIOUR
The person making the booking with Miami Options is responsible
for the appropriate and decent behaviour of all members of his or her party.
If, in our reasonable opinion, the behaviour of you or any member of your
party causes danger, injury, damage to property or seriously or persistently
affects the enjoyment of others, then Miami Options reserves the right to
terminate your accommodation booking and require you to leave. Should this
happen Miami Options will have no liability to you or any member of your party
for a full or partial refund or for any compensation whatsoever.
BREAKAGES
Breakage/damage deposits are
required. You will be advised of the relevant breakage/damage deposit at the
time of booking normally 10% of the holiday cost. Either a cash deposit or
an imprint of a credit/master/visa/amex card for the amount of the deposit
will be taken on arrival. All damage and breakages must be reported by you
prior to your departure.
In the event that you suffer illness, personal injury or death within your
party, but not due to something for which Real Marbella Options SL is liable,
we will endeavour to offer you all reasonable assistance. Please contact our
office in Marbella in the first instance or for a medical emergency, the contact
numbers provided by your Insurers.
It is a condition of Miami Options accepting a booking
that you take out cancellation and accident insurance with one of the Insurers
recommended by Miami Options, unless you can produce evidence of alternative
cover for at least the same levels of insurance. Where you do not wish to
use one of Miami Options’ recommended Insurers, your declaration on the booking
form will be taken as confirmation that you have alternative cover.
Real Marbella Options SL warrants that it will use all reasonable care
and skill in providing services to you.
Miami Options liability to you for direct loss or damage (being loss or
damage which is foreseeable) and for loss of, or damage to, your physical
property caused by the negligence or breach of contract of Miami Options up
to a limit of 2 times the property rental fee per claim or series of connected
claims and aggregate limit in any 12 month rolling period of 4 times the property
rental fee.
Except as provided above, Miami Options SL will not be
liable to you for any loss or damage arising out of or in connection with
the supply of any services or otherwise in connection with the performance
of the contract for the provision of any accommodation or any representation
(unless fraudulent) or any breach of any implied or expressed warranty, condition
or other term or of any duty at common law, including negligence (but not
fraud) or any statutory duty and whether by itself, it’s employees or agents
which is for any loss of profit, contracts, good will or any indirect or consequential
loss or damage. Indirect or consequential loss or damage is loss or damage
which is not foreseeable by you or Miami Options.
You should consider obtaining separate insurance cover if any potential
loss or damage which you believe you may suffer or incur is not covered by
this clause.
Your statutory rights (whether under the Supply and Goods
of Services Act 1982 or otherwise) are not affected by these booking conditions.
If you have any doubts as to your statutory rights, you should contact your
local Trading Standards Department or Citizens Advice Bureau.
COMPLAINTS
At Real Marbella Options SL, we take every care to ensure
that an appropriate reservation is made for the selected accommodation, in
order to eliminate possible error and misunderstanding which serves to make
complaints unlikely. However, if you feel that you do have a cause for complaint
or dissatisfaction during your holiday, please bring it to the attention of
our office in Marbella immediately, so that we can have the opportunity to
put right the source of your complaint. If the matter is not resolved to your
satisfaction please put your complaint in writing to our local office and
copy it to us on your return from your holiday. If the source of your complaint
has not been resolved by the time of your departure or if you still feel you
have cause for dissatisfaction, please write to us within 14 days of the end
of your stay, so that we can investigate the matter further. If you do not
notify Miami Options within this 14 day period, any claim by you or compensation
may be adversely affected.
DISABILITIES
While Miami Options aims to
provide the highest level of service to all its clients, we are not specialists
in the provision of holiday accommodation for the disabled. Generally speaking,
the accommodation in our brochure has not been adapted specifically for use
by the disabled and those in wheelchairs and with mobility problems may not
be able to access or use the accommodation. If you or anyone in your party
has a disability or medical condition, please inform Miami Options at the
time of booking, so that we can check the suitability of the accommodation.
You must provide us with full details of the disability or medical condition
at the time of booking. Where the accommodation is not considered suitable,
in the reasonable opinion of Miami Options, or full details of the disability
or medical condition are not provided, Miami Options reserves the right to
reject or cancel a booking without liability to you.
In order to make your booking, we will need to collect
certain personal details from you about yourself and your party. Typically,
these details will include names and addresses, details of debit/credit card
and any special requirements, for example, in relation to a disability or
medical condition, which may affect the choice of accommodation. These details
will need to be passed to third parties, such as our agents in Marbella, debit/credit
card company and banks. By making a booking, you will be taken to have consented
to the above uses of personal data supplied. No other use of such data will
be made without your consent. We will comply with the provisions of the Data
Protection Act (1998) in relation to personal data. We may record telephone
calls in the interests of customer service and quality.
Any notice to be given under this contract must be in
writing and addressed to the other party at its registered office, in the
case of Miami Options or the last known residential address in the case of
the holidaymaker, or such other address as may at the relevant time have been
notified pursuant to this provision. Notices may be given by hand or by special
delivery post which will take two working days after posting, or by facsimile
taking effect immediately, provided the sender can produce a report to a fax
number of the recipient. While e-mail communications may be used e-mails will
not be a valid method of giving notice under this contract.
If any provision of this contract is held by any competent
authority or court to be invalid or unfair and therefore unenforceable in
whole, or in part, the validity of the other provisions of this contract and
the remainder of the provision in question will not be affected.
While English law applies to this contract, the provision of facilities
and services is subject to local laws, religious and other festivals and holidays
which may affect availability.
Unless notified otherwise prior to your holiday, our office
in Marbella are as detailed on your accommodation vouchers.
Their offices will be open during normal business hours
applicable in Marbella, Spain and provision will be made for out of hours
contact telephone numbers.
Please also read the section entitled "GENERAL INFORMATION",
as your booking will also be subject to the statements and information in
that section.
These Booking Conditions relate to accommodation only
holidays offered by Real Marbella Options SL of Complejo La Poveda bl3 1ºderecha,
29660 Marbella, Spain. Miami Options Booking Conditions may be amended from
time to time but will always be available on our website. Alternatively copies
are always available on written request.
Telephone: +34 95 2859910 Fax: +34 95 2859911
Publication Date: September
2004 Second Edition.