1. . MAKING A BOOKING
1.1 These terms and conditions together with the booking form (the “Booking Form”) and the Property house rules govern the relationship between the Parties.
1.2 You agree to these terms and conditions and are fully responsible for all matters relating to the booking and the payment of the Fee and the Deposit, together with any amendments made to the booking and subsequent cancellation or amendment charges that may be payable. You confirm that you have the authority to accept these terms and conditions on behalf of all other members of your party (including any members of your party added to the booking at a later date).
1.3 To make a booking, you should complete and sign the Booking Form and send it to us with the appropriate payment as set out in clause 2.2. Your submission of the Booking Form together with payment of the Deposit constitutes an offer to book the Property, which we reserve the right to reject at our discretion. A binding agreement will exist between us when we acknowledge acceptance of your booking and acknowledge receipt in cleared funds of the Deposit or where applicable, the full Fee, and we will send you a confirmation notice to acknowledge such acceptance. If we are unable to accept your booking form for any reason, we will notify you and return your Deposit.
1.4 You are responsible for ensuring the accuracy of the information submitted on the Booking Form. Incorrect information may delay our processing of the booking. Please check all of your booking information carefully as soon as you receive it to ensure that all correspondence concerning your booking is complete and accurate. You should inform us immediately should you have any concerns about the completeness or accuracy of all such correspondence.
2. . PAYMENT & CONFIRMATION
2.1 You agree to pay the fees in relation to your booking in accordance with our current prices (the “Fee”) and the Fee shall be paid in full in all circumstances at least 6 weeks prior to the date of your intended arrival date at the Property as specified on the Booking Form (“Arrival Date”). Please note that if a payment is not received on time or in the correct amount, we reserve the right to cancel your booking and levy cancellation charges as set out in clause 4.3.
2.2 You shall either:
2.2.1 pay or provide means of payment of 50% of the Fee (the “Deposit”) when you submit the Booking Form and if we accept your booking, we will issue a confirmation invoice to you to indicate the balance of Fee payable by you; or
2.2.2 if there are less than 12 weeks between the date that you submit your Booking Form and the Arrival Date, pay or provide means of payment of the full (non-refundable) Fee when you submit the Booking Form.
2.3 If you fail to pay the (non-refundable) balance of the Fee at least 6 weeks before the Arrival Date, we will treat your booking as cancelled and levy any applicable cancellation charges as set out in clause 4..2.
3. . CAPACITY OF THE PROPERTY
3.1 The Property has a maximum sleeping capacity as written in the booking form. We shall not accept a booking if the number of people in the party for that booking exceeds the maximum sleeping capacity stated. The fee will not be reduced if there are fewer people in your party than the maximum sleeping capacity specified.
3.2 Only the persons named on your Booking Form may occupy and use the facilities of the Property booked by you unless prior agreement is obtained in writing from us. If (prior agreed) additional guests are invited to eat or stay overnight, we reserve the right to charge extra for the services provided. If you over-occupy the Property, further charges may be levied against you or we may terminate your occupancy of the Property in accordance with clause 10.
3.3 You shall use the Property only for the purpose for which it has been rented to you (personal lodging). It is forbidden to use the premises for any kind of commercial use during the rental (photo shoots, seminars, large parties etc.) or large parties (such as weddings, birthday celebrations etc) unless expressly agreed in writing by us or to take and/or use photographs of the Property for any commercial purpose. You shall not sublet the Property in any circumstance whatsoever. You also agree that you stay in the Property cannot be sold, awarded as prizes, or otherwise transferred without our prior written authorisation.
4. . CHANGES AND CANCELLATIONS BY YOU
4.1 After we accept your booking any alterations to your booking must be notified in writing to us by you. We reserve the right to reject any alterations to your booking, however if we accept them, we shall send confirmation of these changes in writing to you promptly. You hereby agree to indemnify us for any reasonable expenses incurred in making an amendment.
4.2 If we accept your booking, you may cancel the contract between us in accordance with these terms and conditions. All cancellations must be advised by you in writing to us (whether by email or letter) and shall be effective from the date we receive such notice.
4.2.1 Reservations cancelled up to 60 days prior to arrival will be charged at 25%.
4.2.2 Reservations cancelled up to 30 days prior to arrival will be charged at 50%.
4.2.3 Reservations cancelled within 30 days prior to arrival will be charged at 100% of total amount.
4.3 You are responsible for arriving on the Arrival Date. We will not refund any proportion of the Fee if you arrive at the Property at any time after the Arrival Date for any reason.
5. . CHANGES AND CANCELLATIONS BY WM
5.1 We reserve the right to alter or cancel the whole or part of the booking. We will advise you of any changes or cancellations as soon as reasonably possible. Different terms will then apply depending on whether the proposed changes are, in the opinion of us, minor or substantial. If the proposed changes are, in our opinion, minor, we will make alternative, comparable arrangements at no cost to you, who shall accept such alternative arrangements. If the changes are, in our opinion, substantial, then we may offer alternative arrangements to you, but you shall not be obliged to accept such alternative arrangements. If no such alternative arrangements are offered in these circumstances, or you do not accept any such offered alternative arrangements, then you may reject the booking within 14 days of notification to you of the relevant change(s) and we will cancel the booking. If you reject the booking in these circumstances, the Deposit (or Fee if paid) which have been paid by you to us as at the date of cancellation will be repaid to you less the reasonable expenses in respect of the booking. Under no circumstances will we be liable to you for any financial recompense in the event of a change (whether material or otherwise) which does not lead to a cancellation. Any liability of us which may arise in the event of cancellation shall be limited to a refund of monies as provided above. we will not be liable for any cancellation which results from your default.
5.2 We will notify you if in the unlikely event it becomes necessary to cancel your booking which we have accepted. If we cancel your booking for any reason, we will refund the Deposit. A refund of such payment to you shall constitute our total liability to you in relation to our cancellation pursuant to this clause.
5.3 We shall not be liable for any refund should we be forced to cancel or change your holiday due to circumstances amounting to force majeure. Such circumstances shall include, but are not limited to, war or threat of war, riot, civil strife, terrorism, industrial disruption, natural disasters, fire, technical problems, adverse weather, governmental action, government travel restrictions due to health reasons and similar events beyond our control.
EXTRAS AND OTHER SERVICE PROVIDERS
6.1 The Fee includes the amenities and the services agreed between us and you. We can arrange extra amenities for you which we provide directly to you for an additional charge (“Additional Fees”). If you choose to book any of these services, you shall transfer the Additional Fees during your stay with us.
6.2 The Fee does not include cooking and other services (which could be provided by other service providers). We can recommend certain service providers to you for these services and will provide more details if requested and when you arrive at the Property.
6.4 However, whilst we will use all reasonable care in selecting the service providers to provide such services, the terms and conditions of the applicable service provider apply (including their data protection policy) and if you book any of these services you contract with such service provider and not with us. Except in respect of death or personal injury resulting from our negligence, we accept no liability for anything associated with such services and any claim you have in relation to any services will be against the relevant service provider and not against us.
7. OCCUPATION OF THE PROPERTY
7.1 Unless otherwise agreed in writing, the Property will be available from 4pm on the Arrival Date and you must vacate the Property by 10am on the last day of the rental period. If you fail to vacate the Property by 10am on the last day of the rental period, we reserve the right to charge for an extra day (or longer where appropriate), pro rata to the Fee.
7.2 It is your responsibility to ensure that the Property’s inventory is accurate upon your arrival and that we are notified of any discrepancies within 24 hours of arrival. Unless we have been notified in writing, you will be deemed liable for any discrepancies found at check-out.
7.3 The Property is in an excellent condition and we expect you to keep you shall treat the Property with consideration and respect. Unless we have been notified in writing within 24 hours of arrival of any damage or issues, you are deemed to have confirmed that the Property is indeed in excellent condition and you will be deemed liable for any discrepancies found at check-out.
7.4 You will adhere to the house rules of the Property which will be made available upon arrival and which are an integrated part of these terms and conditions. You will in particular pay attention to the fact that the Property, including the kitchen, bathrooms, and the kitchen top, is fitted with micro-cement which is a sensitive material. Under no circumstances is it allowed to cut or use sharp equipment directly on the micro-cement. Failure to do so will lead to damages which you will be liable for. Note that moving furniture is not allowed in the Property unless agreed in writing.
7.5 We accept no liability for the intermittent failure of public utilities, sewage systems, plumbing, mechanical equipment or telephone systems or internet connections in the Property, but we shall use our reasonable endeavours to repair. We also accept no liability for any loss of enjoyment suffered as a consequence of any local engineering and/or construction works near the Property.
7.6 Out of general consideration for others we operate a strict no smoking policy in the Property. If you wish to smoke, you are able to do so in the grounds of the Property. It is your responsibility to use the ashtrays provided and to ensure that all cigarettes/cigars are fully extinguished and represent no fire hazard.
7.7 We reserve the right to remove any party breaking this condition from the Property without refund. In the event that smoking has occurred within the Property an additional cleaning charge of EUR 500 will be payable to us immediately.
7.8 No animals are allowed in the properties without prior written consent from IKH. It should also be noted that in a number of our property’s animals are prohibited altogether. An increased damage deposit and one-off cleaning charge will be required as part of this consent. If during the stay, damage is caused by the animal we reserve the right to ban the animal from the property and you will be liable for the cost of repair.
7.9 It is not allowed in Formentera to use a BBQ, unless the BBQ is operated by someone with a special BBQ license. You can therefore not use a BBW. However, we can recommend service providers who hold such a license.
7.10 If in our opinion you are, or appear to be, behaving in such a way as to cause, or likely to cause, danger, distress or annoyance to any individual, or damage to the Property, we may in our sole discretion terminate the rental agreement with you and you will be required to vacate the Property immediately and reimburse all of our related expenses. We will have no further liability to you (i.e., you will not be entitled to receive any refund) and you will lose your full Security Deposit.
7.11 On arrival at the property you will be issued with a number of keys for the property. If the same number of keys is not returned to the staff at the end of your stay a charge to replace these keys or to change the locks will be payable to WM. This will be deducted from the deposit.
8. . TRAVEL AND INSURANCE
8.1 You are solely responsible for arranging your travel to and from the Property you have booked.
8.2 We strongly recommend that you take out adequate travel insurance for you and your party at the time of your booking. This should cover amongst other things personal accident, death, medical and repatriation expenses, cancellation, delay, curtailment, missed departure and legal expenses. You are solely responsible for taking out adequate travel insurance and we cannot accept any liability for your failure to organize adequate travel insurance cover.
8.2 It is the condition of every booking that each member of your party is covered by personal holiday insurance, and that the policy covers you adequately for winter sports, third party risks and costs incurred from damage to property or adjacent properties during your stay caused by you or any member of your party, your employees, or visitors to the property.
9. . CLIENT RESPONSIBILITY AND SECURITY DEPOSIT
9.1 You will be liable to reimburse us for any damage you cause to the interior or exterior furnishings, the Property or the structure of the Property (including the pool and the garden) and you are required to report any damage that occurs to us immediately. We recommend that you ensure that your insurance policy covers accidental damage to the Property or adjacent properties and their contents during your stay caused by you or any member of your party, your employees or visitors to the Property.
9.2 Extra charges for cleaning will be payable if you do not leave the Property in the condition that you found it.
9.3 A refundable security deposit (the “Security Deposit”) of EUR 10,000 to cover charges, including but not limited to, loss, breakage, willful default or accidental damage, unpaid local charges, excessive cleaning and additional maintenance must be paid by us 14 days before the Arrival Date otherwise we may refuse you access to the Property.
9.4 The security deposit shall be lodged with us by credit card or way of bank transfer. You should reconcile the amounts of any damages with us before you leave the Property as we shall automatically debit from your security deposit when you leave the Property the amount of damage or loss which we believe, or we are instructed by our agents has occurred.
9.5 The security deposit will be refundable at the latest 1 month after your departure, less any costs incurred during your stay or cost of damages. Repayment may be delayed if the costs of any repair have to be determined.
9.6 You are responsible at all times for the safety of your personal baggage and documents.
9.7 You accept full responsibility for any children left unattended within the Property.
10. . TERMINATION
10.1 We reserve the right, at our discretion, to terminate with immediate effect and without incurring any liability the stay of any person in your party if they do not comply with these terms and conditions or whose behaviour is such that it is dangerous, offensive or illegal or likely to cause damage or disturbance to property or any third party. In these circumstances we will be under no obligation whatsoever for reimbursing any costs incurred by you and shall not be obliged to refund any of the Fee to you. As such, any breach of these terms and conditions by you or any person in your party may result in us terminating your entire stay at the Property.
12. . GENERAL CONDITIONS
12.1 The information, images and prices provided contained are accurate to the best of our knowledge. If changes do occur however we will advise you at the time of the booking or if after the booking as soon as possible of any such changes.
12.2 The personal data that you submit as part of the Booking Form or any other forms that you may submit to us at any time will be processed in accordance with the provisions of the Data Protection Act 1998. It may be necessary for us to pass the information that you provide to us when making this booking to third parties who are responsible for providing services in relation to your stay with the Property, including sensitive information that you may give us such as disabilities or dietary/religious requirements. If we cannot pass on this information then we cannot provide your booking, however we will not pass any information to parties who are not responsible for providing services in relation to your stay with us. In making this booking, you consent to this information being passed on to the relevant parties. You are entitled to a copy of your information held by us and may request this from us during normal working hours. We reserve the right to charge a small fee if this request is made.
12.3 Nothing in any contract between us shall confer or purport to confer on any third party any benefit or any right to enforce the same.
12.4 These terms and conditions constitute the entire understanding and agreement in relation to their subject matter and supersede any previous explicit or implied agreement or undertaking between the Parties with respect thereto. We reserve the right to alter these terms and conditions from time to time and will notify you of any changes as soon as reasonably possible using the postal or email contact details provided by you for your booking. The amended terms and conditions will apply to any booking that commences after the date of such notification. No other variation, waiver or release of these terms and conditions shall be effective unless it is made by us and notified to you in accordance with this paragraph. If any provision shall be found by any court or administrative body of competent jurisdiction to be invalid of enforceable, such provision shall no longer form part of these terms, but such invalidity or unenforceability shall not affect the other provisions which shall remain in full force and effect.
12.5 These bookings conditions and any matters arising from them are subject to and governed by the laws of Spain
13 COVID-19
13.1 Due to the COVID19 a full refund will be given if either the Government of your home country or the Spanish Government impose a travel ban that the customer cannot travel to Spain. The full refund will be given if a cancellation arrives in any case 14 days before, from 13 days it is no longer possible to receive a full refund. Or the client has the possibility to postpone the booking for the same period in 2022.