1.2 Definitions in these Booking Conditions
1.3 We act as a booking agent for the Properties that we book on your behalf. When you make a booking, you are entering into a contract with the Owner via Rou Estate and not with Rou Estate itself. As an agent we do not accept responsibility for the acts or omissions of the Owner.
1.4 These Booking Conditions and your contract with the Owner of the Property will come into effect immediately that we acknowledge receipt of your non-refundable deposit and your signed booking confirmation form agreement. If any terms included in our Confirmation Email contradict anything in these Terms and Conditions then what is written in the Confirmation Email will take priority.
Booking & Deposits
2.1 When you wish to book a Property with us, we require
We will confirm that we have received your deposit by email following receipt in our designated bank account.
2.2 Full payment for your booking is required no later than 9 weeks before departure (unless otherwise specified). Failure to make payment within this time will result in you losing your booking and your deposit.
2.3 If the Property is booked less than 9 weeks before departure, the full price will be payable at the time of booking.
2.4 A security deposit is required to cover the cost of any damage or breakages and the cost of any telephone and other services. We will inform you of the amount of your security deposit by email as each of our Properties has its own requirements. The security deposit will be payable at the time the final balance payment is due. We will hold the security deposit and will return it to you within 10 working days of the end of your holiday, less any deductions required by the Owner to cover the cost of damage caused to the Property or its contents during your stay.
2.5 We will confirm the price of your requested Property with you when you make your booking. Prices are calculated per week in Sterling or Euros unless otherwise stated. Prices stated on the website may be subject to change at any time and without notice.
2.6 Unless detailed as payable locally or as otherwise confirmed to you in writing, the price includes gas, electricity, water, weekly linen charge plus any maid service as specified or any other extra services specified at the time of booking.
While we hope that you will not have to cancel or amend your booking, we do understand that sometimes this is necessary.
Amendments or Cancellations by the Client:
3.1 Your deposit is non-refundable, and you will lose this deposit if you cancel at any time.
3.2 If you cancel within 9 weeks of departure, we will be entitled to charge you a cancellation fee equivalent to the full holiday cost unless we are able to re-let the Property to another client. If re-let successfully, where the re-let fee is at least equal to your full holiday cost, your balance will be returned in full; if the re-let is for a lower amount, the balance will be deducted from the amount to be returned to you, representing the loss to us from your late cancellation.
3.3 Any cancellation (for whatever reason) by you, must be in writing via email at firstname.lastname@example.org. The effective date of cancellation will be the date on which we receive your written notification.
Amendments or Cancellations by Rou Estate:
3.4 In the unlikely event that it is necessary for us to make an alteration or cancellation to any booking, we will inform you as soon as possible and, if requested, will try to arrange alternative accommodation of a similar type and standard in a similar location. If alternative accommodation is not requested or, where requested, is not available, all monies paid by you (including your deposit) will be refunded in full. You accept (waiving all rights to claim on any other basis, save as provided in clause 5.5), that this represents an adequate remedy.
3.5 The information and any description (including photographs) that we supply in respect of any of our Properties are shown in good faith as generally being available at the time of booking. Should local amenities vary, or facilities not be available at certain times as a result of weather conditions or local circumstances, you acknowledge that we cannot be held responsible.
Care and Condition of the Property:
4.1 The Property is let for holiday purposes only and may not be used for any other purpose without our written consent. The number of any party shall not exceed the published capacity of the Property stated on our website at the time of booking; you accept that the decoration, furnishings and items provided with the Property may differ from that shown in any brochure or literature available at the time of booking, due to necessary or other changes made at the discretion of the Owner.
4.2 You must notify us as soon as possible after arrival if the Property is damaged in any way or, throughout your stay, if any other problems or damage occur(s), so that we may take appropriate steps and, if necessary, notify the Owner. Except for any damage notified to us upon arrival, all damage to the Property and any loss which, in each case, is apparent from an inspection of the Property after your departure, will be your responsibility to make good at your cost and you agree to fully compensate the Owner in this respect. Any serious damage or misuse in relation either to the Property or items provided may, in our discretion and with the agreement of the Owner, result in your occupation being brought to an early end.
4.3 We are not responsible for breakdown of mechanical equipment such as pumps, boilers, etc. nor for failure of public utilities (such as water and electricity).
4.4 We are not responsible for noise or disturbance originating beyond the boundaries of the accommodation or which is beyond our control.
Wi-Fi, Communications and Internet Access:
4.5 Most of our Properties have Wi-Fi which works effectively for checking emails or web pages.
4.6 Properties with landline access systems have good download or upload speeds able to handle large programs i.e. YouTube, music, movies or use Skype-type systems. However, if multiple tablets are used this will become restricted based on the number of users and will quickly use up allotted bandwidth thus reducing access.
4.7 In Properties with satellite connections where there is a contract and monthly allocation of data provided by the Owner, download or upload speed able for large programs can become restricted if the allowance is used too rapidly, ie YouTube, music, movies or Skype type systems. Also, if multiple tablets are used (mainly, from experience, by unsupervised children), the allocation allowance is used very quickly leading to no internet availability.
In Properties with a repeater telephone system, phones work just like a regular phone. However, there is only one phone line and the batteries are powered by small solar panels, so calls should be limited to 5 minutes or less. Internet connection/Wi-Fi will be via satellite up-link which can be used at no extra charge but be aware that guests will have limited access.
4.8 Wi-Fi/Broadband information will be provided with the description of each of our Properties. We are not responsible for the quality of the Wi-Fi, communications and internet access, especially relating to power cuts, storms/lighting strikes and natural events leading to disconnection.
Arrival and Departure Times:
4.9 Your Property will be available to you after 4pm (or 5:30pm depending on the Property) on the date of your arrival (if you arrive much later than the arrival time, we ask you to inform the local manager). Please note that these times can be adjusted with prior arrangement with the housekeeper and/or concierge.
4.10 You must leave the Property before 10am on the date of your departure.
Your responsibilities before your holiday:
5.1 Travel Documentation
It is your responsibility to obtain all documents required for your holiday, to ensure these are in proper order and to take them with you and to ensure that you have a valid passport (note: it must be valid for at least 6 months beyond the date of your return) and the necessary visas.
In addition to ensuring that you have appropriate travel documentation, you are responsible for ensuring that you are adequately insured against holiday risk (including the cost of the booking), as stated in our booking confirmation form. We reserve the right to refuse bookings from clients who are not adequately insured against holiday risks.
Your responsibilities during your holiday:
5.3 It is your responsibility to keep all children and adults at the Property safe, especially around water. Neither Rou Estate nor the Owner will be held responsible for any accident that might occur as a result of you not being vigilant either inside or outside the Property. Children must be supervised by a responsible adult in the swimming pool at all times.
5.4 You shall be wholly responsible for all items of property which belong to you and which you have with you during your stay.
Our Liability and Responsibilities:
5.5 Subject to the limitations set out in clauses 5.4, 5.7, 5.12 and 6.1, we agree to be responsible to you for any direct financial loss that you suffer provided such loss is as a direct result of misrepresentation by us concerning your booking; the maximum amount of our liability to you is set out in clause 5.9.
5.6 In order to be able to recover any loss at all from us, under clause 5.5, such loss must have been reasonably foreseeable, both at the time you paid your deposit and at the time a claim is made. You acknowledge that it would not be reasonable for us to be responsible for losses that were never in the contemplation of either of us at the time these Booking Conditions came into effect.
5.7 Our liability shall only extend to direct losses suffered by you in accordance with clause 5.5; to the extent that you may suffer any consequential, indirect or economic loss, of whatever nature, including loss of profit or wages, each of these are expressly excluded from the extent of our liability and you hereby waive any rights that you may otherwise have in law to claim such losses or damage.
5.8 In acting as agent for the Owner, we shall not be liable for any act or default of the Owner or any letting made through us, as such liability shall be with the Owner; this may include withdrawal of the Property from rental, the Property being damaged to such degree that the booking cannot commence or any alteration to the Property prior to your occupation. If we become aware of such circumstances prior to your arrival, we will try to alter your booking under the provisions of clause 3.4.
Maximum Liability to you:
5.9 Except as set out in clause 5.11, our maximum liability to you, whether in contract, negligence, misrepresentation or otherwise and including any liability we may have to statutory interest, is limited to the total amount of commission actually received by us in relation to the booking under these Conditions.
5.10 To the extent and only if we are aware of circumstances described in clause 5.9, we shall inform you of these in writing, stating that such cause has prevented or delayed us in performing our obligations hereunder, but we shall take all steps that are reasonable and within our power to comply with the provisions of this agreement as fully and promptly as possible.
5.11 Notwithstanding anything above, no provision of these Conditions shall operate to limit or exclude our liability for fraud or for death or personal injury caused by our negligence or breach of statutory duty.
Recovery from Others:
5.12 To the extent that you are able to recover any loss suffered from a third party, such as through travel or other insurance or from anyone else, you agree to use all best endeavours to seek recovery in full from that third party before seeking to recover such loss from us; however, to the extent that you may have a claim, we require you to notify us of the nature and extent of the claim as soon as possible, so that we are aware of the potential claim and, if considered appropriate, have the opportunity to take such steps as we consider necessary to mitigate any loss or damage that you might suffer as a result of it.
6.1 Unless we say otherwise in these Booking Conditions, unfortunately neither we nor the Owner will be legally responsible either jointly or individually for any compensation if we or they are prevented or delayed from carrying out our responsibilities under these Booking Conditions as a result of events beyond our control. This means an event that neither we nor the Owner could, even with all due care, have expected to occur and/or which we or they could not otherwise have avoided, including but not limited to:
7.1 We want you to have the best experience on your holiday and we are always available In the unlikely event that you have any complaint. If there are any problems regarding the Property, you should inform the property manager within 24 hours and in writing (including email) to Rou Estate within 36 hours. Failure to follow this procedure will mean that Rou Estate will have been deprived of the opportunity to investigate your complaint and take steps to rectify any issues whilst you were in the Property and this may affect your rights under this contract.
7.2 You can contact us at any time as follows: