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User Terms and Privacy Policy |
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1.
MAKING A BOOKING |
1.1 |
Once you have chosen
a property please contact us with your choice.
Having verified the availability with the
owner, we will then transmit a Booking Form
by fax or e-mail. |
1.2 |
When you complete and
return the signed Booking Form to us we
recommend you keep a copy for your own reference.
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1.3
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The person who signs
the Booking Form certifies that he/she is
authorised to agree to its terms on behalf
of all persons included on the Booking Form,
including any persons who may be substituted/added
at a later date. |
1.4 |
The signatory must
be a member of the party occupying the property
and must be 18 years or over. Bookings will
not be accepted from parties of young people
less than 18 years of age. |
1.5
|
Immediately upon receipt
of deposit payment, we will e-mail you a
Confirmation of Booking. This will note
the remaining balance, if any, and when
payment is due. Please note that the booking
is not confirmed until we have received
this deposit. |
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2.
PAYMENT |
2.1 |
The initial payment
required to secure a reservation is 50 percent
of the total rental price.This payment can
be made Bank Transfer.
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2.2
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The balance must be
paid not less than 10 weeks (70 days) prior
to your arrival at the property. Any security
deposit required should normally accompany
this. |
2.3 |
The Owner and Punta Mita Rental Villas are entitled to treat your
booking as cancelled if you fail to pay
the balance on time. |
2.4
|
Some properties have
different arrangements for payment of the
deposit and balance. If applicable, this
will be explained at the time of booking. |
2.5 |
Bookings taken within
9 weeks of your arrival at the property
must be paid in full . |
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3.
OUR DUTIES |
Punta Mita Rental (referred to in these Terms
and Conditions as "we" or "Punta Mita Rental") act as agents for the
owners of the accommodation ("the Owner(s)").
We accept no liability in relation to any
contract you enter into for the accommodation
or for any services or arrangements you
purchase ("arrangements") or for
the acts or omissions of any Owner or supplier(s)
or other person(s) or party (ies) connected
with any arrangements. For all arrangements,
your contract will be with the Owner. We
are not a property management company. We/the
Owner reserve the right to refuse a booking
without giving any reason. |
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4.
SECURITY DEPOSITS |
4.1 |
A security deposit
is required to cover the cost of any damages
or breakages to, or at the property, any
additional cleaning, the cost of telephone
and/or other services/utilities that are
not included in the rental price. This amount
is set by the Owner and will normally be
collected at the same time as the second
half of the rent, prior to your arrival
at the property. In certain circumstances
we will hold a signed credit card form in
lieu of a cash security deposit.
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4.2 |
The cost of utilities
and/or other services used by you (if chargeable)
or any damage caused by you will be deducted
from the security deposit and the remaining
balance will be returned to you. If the
security deposit paid by you is not sufficient
to cover the cost of such utilities and/or
services or damage, the Owner is entitled
to recover any additional costs from you.
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4.3
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Generally we are able
to return all or virtually all of a client's
security deposit (minus any appropriate
charges) within three weeks of departure.
Sometimes we are obliged to withhold a small
portion until the owner notifies us of telephone
charges for the client's stay. Delays may
arise whilst waiting for estimates for repair
of damage. All security deposits are fully
returned within 75 days of departure. |
4.4
|
In the unlikely event
that any dispute as to the amount of final
charges to be deducted from the Security
Deposit arises, we will, at your request,
intervene with the owner to authenticate
the claimed damage and mediate the dispute.
However, since we have no facility for fact-finding
or adjudicating the dispute, in most cases
it will accept the owner's word as to the
fact and the extent of the damage. |
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5.
ACCESS |
The Owner
or their representative shall be allowed
access to inspect the property prior to
your departure. They also have a right to
access the property during your stay if
urgent maintenance is required. Gardeners
and pool maintenance staff may enter the
grounds during your stay, normally very
early in the morning. |
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6.
SECURITY AND VALUABLES |
Any valuables
left at the property are left at your own
risk. Neither we nor the Owner are responsible
for any loss. When provided, burglar alarms
must be activated, safes used and proper
care be taken against theft and burglary.
It is your responsibility to ensure all
doors and windows are closed and locked
when leaving the property, or when by the
poolside/in the grounds. If theft or damage
to the owners property occurs through negligence
on your part the owner is entitled to seek
compensation from you. No refund can be
given should you decide to vacate the property
as a consequence of a burglary unless it
can be proven that the Owner has failed
to inform you of anti-burglary systems in
the property. |
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7.
PASSPORTS, VISAS, DOCUMENTATION, HEALTH
REQUIRMENTS |
You are
responsible for all members of your party's
travel and health documentation (passports,
driving licences, vehicle registration documents,
green card, motor insurance etc) and for
any consequences arising from failure to
carry correct documentation or to comply
with all relevant passport or visa requirements.
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8.
INSURANCE |
8.1 |
It is a condition of
booking that all members of the party have
comprehensive travel insurance, including
cover for damage to the property and possible
cancellation of your trip. |
8.2
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We cannot be held responsible
for any problems arising out of the organisation
of insurance. |
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9.
ARRIVAL AND DEPARTURE |
9.1 |
Arrival is between
1600 and 1900 local time unless previously
agreed with Punta Mita Rental. If your
arrival is delayed you must inform the person
whose details will be provided to you upon
payment of the balance. If you arrive after
19.00 (without making arrangements to arrive
late) you may not be able to gain access
to the property until the following day. |
9.2
|
You must vacate the
property by 10.00 am on the day of departure.
If these times are likely to cause you difficulty,
please advise us at the time of booking.
We will not be able to guarantee any changes
can be made after the booking. |
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10.
CANCELLATIONS |
10.1 |
In the unlikely event
of a significant change or cancellation
of your booking by the Owner, we will inform
you as soon as possible. If requested and
if available we will try to arrange alternative
accommodation of a similar type, price,
standard and location. Alternatively, we
will refund all payments made by you. |
10.2
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Any cancellation by
you (for whatever reason) must be in writing.
(This may include e-mail or fax). The effective
date of cancellation is the date we receive
written notification. |
10.3 |
If you cancel 9 weeks
or more prior to your arrival at the property
you will lose your deposit. |
10.4
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If you cancel less
than 9 weeks before your arrival at the
property or the booking is cancelled due
to your non-payment, the Owner shall be
entitled to the full cost of the holiday
from you. Security deposits are fully refundable
in the event of cancellation by you. |
10.5 |
We will endeavor to
obtain a replacement client for the Owner.
If a replacement is obtained, we will then
refund all payments made by you, less any
difference between the price you paid for
the property and the price paid by the replacement
client. |
10.6
|
If the reason for your
cancellation is covered under the terms
of your insurance policy, you may be able
to reclaim these charges. Claims must be
made direct to the insurance company concerned. |
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11
BEHAVIOUR |
11.1 |
You are responsible
for keeping the property and all its contents
and grounds in the same state of cleanliness,
repair and condition as at the commencement
of the holiday. You will be responsible
for the payment for any breakages, loss
or damage to the property caused by you
or members of your party. The Owner reserves
the right to make deductions from the security
deposit for any extra cleaning, over the
number of hours committed to departure cleaning,
and to claim against you for damage or loss
if the cost of which exceeds the security
deposit.
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11.2
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The person signing
the contract is responsible for the correct
and decent behaviour of all members of the
party. Should you or a member of the party
not behave in such a manner, the Owner may
use their absolute discretion to terminate
the holiday of the person(s) concerned.
In this situation, the person(s) concerned
will be required to leave the accommodation.
Neither we nor the Owner will have any further
responsibility toward such person(s) including
any return travel arrangements. No refunds
will be made and neither we nor the Owner
will pay any expenses or costs incurred
as a result of the termination. |
11.3
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Only the persons stated
on the completed Booking Form may use the
property unless otherwise agreed in advance
by us and the Owner. The maximum numbers
of people, including infants allowed at
the property may not be exceeded. The Owner
has the right to terminate hire without
prior notice and without refund or compensation
if the numbers are exceeded. A pro rata
sum will automatically be deducted from
your security deposit for any additional
adults/children. |
11.4
|
We act as an agent
for the Owner for the private rental of
the property. If you intend to organise
a function (e.g. party, wedding, cocktail
party) at the property, you must seek prior
permission from us and the property owner.
Additional charges and/or an increased security
deposit may be sought at the Owner’s
discretion. |
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12.
PROPERTY DESCRIPTION |
12.1 |
Punta Mita Rental
accept no responsibility for any descriptions
which contain inaccurate, incomplete or
misleading information or errors and which
have been supplied by the Owner on our website
nor can we accept responsibility for any
descriptions which contain inaccurate, incomplete
or misleading information or errors and
which have been supplied by us (as opposed
to the Owner) except where this arises out
of our negligence or that of any of our
employees (providing they were at the time
acting within the course of their employment.)
We cannot be responsible for ensuring that
the property is suitable in all respects
for you or any member of your party's needs.
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12.2
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Owners reserve the
right to make modifications to the property
specification that are considered necessary
in light of operating requirements. In the
interest of continual improvement Owners
reserve the right to alter furniture, amenities,
facilities, or any part of any activities,
either advertised or previously available,
without any prior notice. |
12.3
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If we become aware
of material changes after your booking has
been confirmed we will advise you before
departure. |
12.4
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Distances given are
approximate. Times are approximate, based
on driving, not walking. |
12.5
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Where an inventory
is provided, it is in your own interest
to see that this is accurate so that any
loss/damage is not wrongly attributed. Please
inform us of any discrepancies/malfunctions
within 24 hours of arrival, after which
time you will be deemed to be responsible. |
| 12.6 |
All properties are non smoking unless otherwise
stated. |
| 12.7 |
Whilst we try to ensure that many of our
properties are equipped with internet access
we cannot be held liaible for any malfunctions
or technical problems with Internet Service
Providers. |
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13.
OUR LIABILITY AND THAT OF THE OWNER |
13.1 |
As we act only as agent
for the Owner we cannot accept any liability
for any act(s) or omission(s) of the Owner
or anyone representing, or employed by,
the Owner. Further, we cannot accept any
liability for any shortcomings or defects
with or in any property as all properties
are within the sole control of the Owners. |
13.2 |
If you have any complaints
regarding any services we provide (as opposed
to any provided by the Owner), you must
inform us immediately in writing and in
any event within 7 days of the end of any
arrangements booked through us. We regret
we cannot accept any liability if we are
not so notified. Our maximum liability to
you if we are found to be at fault in relation
to any service we provide (as opposed to
any service provided by any third party
such as an Owner for whom we are not responsible)
is limited to the commission we have earned
or are due to earn in relation to the booking
in question. We do not exclude or limit
any liability for death or personal injury
which arises as a result of our negligence
or that of our employees whilst acting in
the course of their employment. |
13.3
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While every effort
is made to perform the contract, we cannot
accept liability for alteration, delay or
cancellation of your holiday because of
war, or threat of war, riot or civil strife,
terrorist activity (threatened or actual),
natural disaster, fire, sickness, weather
conditions , action at an airport or port
by any governmental or public authority,
technical problems relating to transport
, airport regulations , temporary, technical,
mechanical or electrical breakdown with
your accommodation or other circumstances
amounting to 'force majeure' or Acts of
God and other similar events beyond our
control. |
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14.
YOUR COMMENTS OR COMPLAINTS |
14.1 |
In the event that you
are disappointed with the property, you
must first contact Punta Mita Rental by
telephone on the day of your arrival who
will then attempt to resolve the problem. |
14.2
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Complaints received
at the end of the holiday will not be accepted.
If you vacate the property before the departure
date without notifying our local representative
you will not necessarily be entitled to
a refund. |
14.3
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If the problem was
not resolved to your reasonable satisfaction
during your holiday, you should put your
comments in writing within 7 days of your
return. We will forward your written complaint
to the Owner and will within reason liaise
with the Owner to assist in reaching a satisfactory
settlement for all justifiable complaints
regarding the property you may have. However,
it is your responsibility to take the complaint
up with the Owner directly if no satisfactory
settlement can be reached. |
14.4 |
Neither we, nor the
Owner can be held responsible for noise
or disturbance originating beyond the boundaries
of the property or which is beyond the Owner's
control. In the event that a source of reasonably
obvious noise has been in existence prior
to your arrival and we are informed of this,
we will contact you to inform you of the
disturbance. See clause 7. |
14.5
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We cannot be held responsible
for the breakdown of mechanical equipment
such as pumps, boilers, swimming pool filtration
systems, nor for the failure of public utilities
such as water, gas and electricity. |
14.6
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In the event of discharge
our liability shall be limited to the return
of the sums paid to us in respect to the
unused portion of the holiday calculated
on a pro rata daily basis. |
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15.
ADDITIONAL SERVICES AT EXTRA COST |
15.1 |
Payment for additional
services you may require is normally made
locally , although some suppliers may require
a deposit to be paid prior to arrival for
items such as food. If the supplier asks
us to collect and pass on such deposits
to them this does not give rise to any liability
on our part for these services. |
15.2 |
Linen is included in
the majority of properties. This is normally
changed at the end of each week. If you
require more frequent changes you should
request this at the time of booking, for
which there may be an additional cost. |
15.3 |
We recommend that you
take your own cot linen for your baby's
comfort and hygiene. |
15.5
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Electricity and usually
end-of stay cleaning charges are normally
included in all prices . Electricity usage
is based on average readings of meters in
previous rental periods. Excessive usage
will also be charged for, particularly air-conditioning
in summer and heating in winter. Properties
left in an excessively unclean state will
incur penalty charges. Garden/pool maintenance
is usually but not always included. Heating
for swimming pools will be charged extra.
In some properties gas/water is extra, but
this will be pointed out to you. Changes
to the Booking Form incur a supplementary
charge of £20. Items, which are not
included in the price, will be pointed out
at the time of booking. |
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16.
SWIMMING POOLS |
16.1 |
Swimming pools may
not be available all year round. We cannot be
responsible for low water temperatures at
any period. |
16.2 |
Please note that swimming
pools carry their own inherent risks. Upon
arrival at the property you and all members
of your party must take time to familiarise
yourselves with the location, layout, and
depths of any swimming pool(s) at the property.
Please take note of any pool warning signs,
depth markings and other instructions for
use, which may be displayed. Young children
must not be allowed to wander unaccompanied
in the grounds of any property where there
is a swimming pool. |
16.3 |
Any gyms are used at
the sole discretion of the party. Children
under 16 are forbidden to enter and use
a gym. |
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17.
LAW |
English
law governs this contract and all matters
arising out of it. Any dispute, claim or
other matter, which arises out of or in
connection with your booking, as opposed
to your contract with the owner for your
actual stay at the property will be dealt
with by the Courts of England only. |
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| 18.
HEALTH AND SAFETY |
| We ask
guests to familiarize themselves upon arrival
at the property with all health and safety
features such as house alarms, fire alarms
and extinguishers and swimming pool alarms. |
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19.
PRIVACY POLICY |
Punta Mita Rental is committed to ensuring
that your privacy is protected. This privacy
policy explains how we use the information
we collect about you, how you can instruct
us if you prefer to limit the use of that
information and procedures that we have
in place to safeguard your privacy.
Please read the following privacy policy
to understand how we use and protect the
information that you provide to us. By
registering or making an enquiry on this
website, you consent to the collection,
use and transfer of your information under
the terms of this policy.
INFORMATION THAT
WE COLLECT FROM YOU
When you visit
or register on http://www.privatevillamarketing.com
you may be asked to provide certain information
about yourself including your name and
contact details. We may also collect information
about your usage of our website as well
as information about you from messages
you post to the website and e-mails or
letters you send to us. To maintain customer
service standards and to assist staff
training, we may record and monitor incoming
calls.
USE OF YOUR INFORMATION
Your information
will enable us to provide you with access
to all parts of our website and to supply
the services you have requested. It will
also enable us to bill you and to contact
you where necessary concerning your requests.
We will also use and analyse the information
we collect so that we can administer,
support, improve and develop our business.
In particular, we may use your information
to contact you for your views on our services
and to notify you occasionally about important
changes or developments to the website
or our services. Further, where you have
consented, we might also use your information
to let you know by email about other products
and services which we offer which may
be of interest to you. If you change your
mind about being contacted in the future,
please let us know.
DISCLOSURE OF YOUR
INFORMATION
The information
you provide to us may be accessed by or
given to third parties some of whom may
be located outside the European Economic
Area who act for us for the purposes set
out in this policy or for other purposes
approved by you. Those parties process
information, process credit card payments
and provide support services on our behalf.
We may also pass aggregate information
on the usage of our website to third parties
but this will not include information
that can be used to identify you.
Where you have consented when providing
us with your details, we may also allow
other companies in our group, to contact
you occasionally about products and services
which may be of interest to you. They
may contact you by e-mail. If you change
your mind about being contacted by these
companies in the future, please let us
know at
info@privatevillamarketing.com
Finally, if our business enters into
a joint venture with or is sold to or
merged with another business entity, your
information may be disclosed to our new
business partners or owners. Countries
outside the European Economic Area do
not always have strong data protection
laws. However, we will always take steps
to ensure that your information is used
by third parties in accordance with this
policy. Unless required to do so by law,
we will not otherwise share, sell or distribute
any of the information you provide to
us without your consent.
SECURITY AND DATA
RETENTION
We employ security
measures to protect your information from
access by unauthorised persons and against
unlawful processing, accidental loss,
destruction and damage. We will retain
your information for a reasonable period
or as long as the law requires.
ACCESSING AND UPDATING
You are entitled
to see the information held about you
and you may ask us to make any necessary
changes to ensure that it is accurate
and kept up to date. If you wish to do
this, please contact us at
info@privatevillamarketiing.com . We are
entitled by law to charge a fee to meet
our costs in providing you with details
of the information we hold about you.
CHANGES TO OUR PRIVACY
POLICY
Any changes to
our privacy policy in the future will
be posted to the website and, where appropriate,
through e-mail notification.
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