Terms and Conditions
I. This agreement is made between Vacation Homes Abroad, Inc. (VHA) and the person whose name appears on the reservation form, such person being referred to as the client. The signature on VHA's reservation form by the client warrants that she/he has been authorized to enter into this agreement by all persons named and that she/he will be liable for all payments.
II. Vacation Homes Abroad, Inc. (VHA) acts as agents on behalf of the property owners, managers and European reservation agents. VHA and the European reservation agents do not own the properties. The owners and property managers determine rules and conditions for property usage. The client agrees that VHA and European reservation agents shall not be liable for any injury, loss, damage, accident, or delay caused by or in any way connected with the acts or defaults of the property owner, or for any accident occurring as a result of the client using recreational facilities (including but not limited to bicycles, swimming pools, tennis courts, billiard tables, equipment) associated with the property.
III. The client agrees that Vacation Homes Abroad, Inc. (VHA) and property owners, managers and European reservation agents shall not be liable for happenings outside each's respective control, including but not limited to the breakdown of domestic appliances, plumbing, wiring, infestation of pests or damage resulting from exceptional weather conditions, actions taken by local authorities such as road repair and other building/maintenance works, from irregular actions taken by neighboring property owners such as building/maintenance/farm works, from travel delay caused by airlines, trains, and buses.
IV. Accuracy of descriptions: Descriptions are based on descriptions from the owners and property managers. Photographs are supplied by VHA, property owners, managers and/or European reservation agents to provide an impression of the property. The photographs may be taken with a wide-angle lens to show as much of the interior as possible and may not reflect actual size. Facilities offered may differ from descriptions and photographs. The client agrees that VHA, property owners, managers and European reservation agents shall not be responsible for such differences. Where owners and property managers advise us of any changes or alterations, we will advise the client accordingly. If facilities offered have been altered or withdrawn due to reasons beyond the owners, managers, European reservation agents and VHA control, we can accept no responsibility.
V. All reservations must be secured by a deposit, and are not confirmed until the deposit is received and the client receives written confirmation of reservation terms and payment schedule. Payments may be remitted by check or in some cases by Visa or Master credit cards. Deposits are due immediately and final payments are usually due 12 weeks in advance. Reservation requests are canceled if all payments (deposits, full or final) are not received by the due date that is in advance of the client's arrival at the requested property. There will be no refund of a deposit, in the event that a final payment is not made. The client will be advised of all dates and payment requirements at the time of booking.
VI. Cancellation: Cancellation before final payment is made is subject to loss of deposit. There is no refund if the cancellation occurs after final or full payment is made unless the property is re-let by VHA. If the property is re-let, the client will be advised of the administrative charge as determined by VHA. The minimum administrative charge shall be $300.
VII. The client undertakes to keep the accommodation and all furniture, fixtures, fittings, and effects in, on, or about the property in the same state of repair and condition as found at the beginning of the rental period, and to leave the property clean and tidy. The cost of any damage, loss or breakage caused by the client or by members of the client's party, is to be paid to the property owner or representative or it will be deducted from the security deposit, see article XIII. The owner and property manager shall be allowed access to the property at any reasonable time during the course of the rental for maintenance or other matters.
VIII. Equipment and amenities: all properties have kitchens equipped for basic cooking and dining and private bathrooms. Taxes, heat, electricity, linens and towels are included unless other wise noted in the client's reservation confirmation. Most properties have a telephone; the client will be advised otherwise. Towels usually include one hand and one bath towel per person. Facecloths and beach/pool towels are not included. Some properties do not provide kitchen towels. Properties are cleaned for the client's arrival and cleaned upon departure. Additional cleaning or other services will be described in the reservation confirmation.
IX. The number of persons using the accommodations at any time must not exceed the maximum number stated in the property description and listed on this reservation form. Breach of any provision of this contract is grounds for refused entry or early dismissal from the rental and allows VHA and property owners, managers and European reservation agents to recover all administrative and other costs and expenses incurred in connection with the contract from the client as liquidated damages. No refunds will be made in the event the client breaches any provision of this contract and is refused entry or dismissed early from the property.
X. Comprehensive Trip Interruption/Cancellation Insurance is recommended and is available from Vacation Homes Abroad, Inc. Owners, property mangers and European reservation agents do not refund fees paid in the event of a cancellation. VHA will attempt to rent the property to another party and refund some of the rental fee, but this cannot be guaranteed.
XI. Complaints and repair requests: We hope that the client will have no cause for complaint. Any complaint or request for repair must be reported to the owner and/or property manager immediately, thereby giving them the opportunity to remedy the problem during the client's stay. If they are unable to rectify the problem, please call VHA in the USA within 24 hours of the problem occurring at 978.462.0368. This gives VHA the opportunity to attempt to correct the situation during your stay; however, VHA does not represent that all problems can or will be corrected. VHA, owners, property managers and European reservation agents cannot and will not accept complaints after the client's stay unless this procedure is followed.
XII. Arrival and departures: The address, telephone number and key collection details are sent after all payments have been received. Properties are available from between 4-6 p.m. on the day of arrival until 10 a.m. of the day of departure. Some properties may be available from 2 p.m. The client's tenancy does not start before this and any earlier occupation or leaving of luggage is entirely at the owner's discretion and at the client's own risk. VHA requires full arrival details to arrange entry into the property and cannot guarantee entry without arrival details.
XIII. A security deposit will be required and is payable by check to VHA. In some situations a credit card may be acceptable or the owner/property manager may collect the security deposit. If European reservation agents do not hold the security deposit or have any control over it, they are not responsible for its return to the client. If VHA does not hold the security deposit or have any control over it, VHA is not responsible for its return to the client. Some, but not all of the reasons a charge may be levied against the security deposit are: additional final cleaning required because the property was left in an untidy condition or has smoke odor where property was rented as non smoking only, unpaid telephone calls, damages, losses or breakages as stated in article VII, unpaid utility charges, failure to properly secure the property upon departure with locked windows and doors, failure to return the keys. Should the value of the damage exceed the security deposit, the client will be liable for the excess. Properties must be left neat and tidy so that the cleaners may prepare for the next guests. Neat and tidy is defined as leaving a neat kitchen and all dishes and pans washed and put away, all garbage in appropriate receptacles, towels in bathrooms and bed linen on the beds.
XIV. Alternative accommodation: in the unlikely event that the property the client has reserved becomes unavailable due to circumstances beyond the owner's control, VHA and the European reservation agent will endeavor to offer an alternative of similar price and location. If the alternative is not acceptable to the client or there is no alternative available, all monies will be refunded, whereupon the liability of the owner, property manager, European reservation agent and VHA will cease. If the alternative is acceptable to the client, VHA must receive written notification within 7 days, said written notification to be forwarded to the European reservation agent.
XV. Nuisances: VHA, owners, property managers and European reservation agents reserve the right to terminate a rental immediately without compensation where a client causes nuisance of whatever nature or endangers the safety or well-being of any persons or property. XVI. Passport and visa requirements: all non-Europeans must be in possession of a valid passport and visa where required. The client is solely responsible for insuring that all necessary travel documents are valid and effective.
XVII. If after acceptance by Vacation Homes Abroad, the client wishes to alter a reservation, Vacation Homes Abroad shall use commercially reasonable efforts to facilitate that change. All requests for alteration must be in writing and signed by the person whose name appears on the booking form. If the alteration is impracticable or unavailable, the original booking conditions shall apply. All alterations must be accepted in writing by Vacation Homes Abroad and are subject to additional charges and amendment fees as may be payable.
XVIII. Where the client is prevented from proceeding with a reservation, she/he may transfer her/his rights and obligations for the reservation, having first given VHA reasonable notice in writing of his/her intention to do so. The transfer must occur before the reservation's start date and the transferee must sign a reservation form and comply with all requirements of the original reservation. A client who transfers a rental shall be jointly and severally liable with her/his transferee to Vacation Homes Abroad for payment of any balance due for the reservation and any additional charges.
XIX. Vacation Homes Abroad and the European reservation agents will take reasonable care in making arrangements for the client. Vacation Homes Abroad, its employees, agents and European reservation agents, shall not be liable for loss or damage to any baggage, goods, vehicles or other property of any kind belonging to or traveling with the client whether such loss occurs as a consequence of accidental damage, fire, theft or other cause.
XX. The client shall not be entitled to claim compensation for any loss arising if Vacation Homes Abroad, an owner, property manager or European reservation agents is obliged to curtail, alter, extend or cancel a reservation as a consequence of 'force majeure'. The term 'force majeure' means Acts of God, natural or nuclear disaster, adverse weather conditions, fire or other destruction of any accommodation, vessel, craft or vehicle used in connection with a reservation, riots, acts of war or terrorism, civil commotion, exercise of legislative, municipal, military or other authority, strikes, industrial dispute or action, requisition of equipment, mechanical breakdown, shortage of fuel, insolvency or default of any carrier or service connected with a reservation, criminal activity, deception of Vacation Homes Abroad, owners, property managers or European reservation agents, fraud perpetrated against Vacation Homes Abroad, owners, property managers or European reservation agents or any other reason beyond the control of Vacation Homes Abroad, owners, property managers or European reservation agents.
XXI. Unfortunately, due to the age and design of the properties, the accommodation may not always be suitable for persons with a disability. It is the client's responsibility to advise Vacation Homes Abroad if any persons listed on the reservation form require special accommodations or services. Vacation Homes Abroad, owners, property managers or European reservation agents may not be able to provide special accommodations or services.
XXII. IN NO EVENT SHALL VACATION HOMES ABROAD, OWNERS, PROPERTY MANAGERS OR EUROPEAN RESERVATION AGENTS BE LIABLE HEREUNDER FOR SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR LOSS OF REVENUE, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, OR, IF REASONABLY FORESEEABLE, INCURRED BY CLIENT, OR CLAIMED AGAINST CLIENT BY ANY OTHER PARTY. To the extent permitted by applicable law, the liability of Vacation Homes Abroad, owners, property managers or European reservation agents arising out of, or in connection with, or resulting from this contract shall in the aggregate not exceed the amount of money paid by the client for the property reservation.
XXIII. In the event that any of the terms, conditions or provisions contained in this agreement shall be deemed to be invalid, unlawful or unenforceable to any extent, such term, condition or provision shall be severed from the remaining terms, conditions and provisions that shall continue to be valid to the fullest extent permitted by law.
XXIV. These terms and conditions, and the transaction contemplated hereby, shall be governed by the laws of the State of Massachusetts, USA, without regard to its conflicts of laws principles.