General

The expressions "we", "us" and "I" refer to Mr S A Davy, Mrs T Davy or both depending on the context.  Villa Rosa, Matagorda, Lanzarote is a private holiday home owned by us and we offer it for holiday rental at our discretion.  All arrangements and agreements are between you and us and are for this property only.  Villa Rosa is a private house in a residential area and there is no on-site reception.  However, we use Laprima SL, a local property management company, to clean and manage the property and to generally look after our guests and we provide guests with the Laprima telephone number which can be used at any time of the day or night in emergencies.

For the avoidance of doubt we do not arrange travel, flights, hire cars or any other element of holidays.  Information that we provide about flights and hire cars on this website or elsewhere is done to help our potential guests but we do not claim it to be accurate or accept liability for it.

Nothing in these Terms and Conditions affects your statutory rights.

Bookings and Payment

We do not charge VAT.

We have two booking methods.  We call these Manual or Provisional and Automatic or Immediate and are described below.

Payment can be made in GB Pounds (£) or Euros (€).  Payment for Automatic/Immediate bookings must be made by using the secure online payment services of PayPal (Europe) S.à r.l. & Cie, S.C.A.  Payment in GB Pounds can be made by cheque, bank transfer or by PayPal.  Payment in Euros must be made by PayPal.

Our base currency is GB Pounds.  The Euro prices shown on this website are calculated using our best estimate of PayPal's exchange rate at the time of viewing.  The Euro prices will therefore change on a daily basis.

If you have a PayPal account with a Euro balance and want to make an online payment for an Immediate Booking (see below), you can choose to pay the Euro price as shown in the booking form on this website, or can choose the GBP price and let PayPal make the conversion from Euro to GBP at the time of payment.  (If you decide to visit the PayPal website to "try it out" then please use the appropriate "Cancel and Return to Merchant" or "Return to Mrs T and Mr S A Davy" link, not the back button, to return to our booking page.)

If you use our Euro price and make a PayPal online payment as a deposit, that fixes the total holiday price in Euros.  You would therefore normally pay the remaining balance in Euros by PayPal.  However, if you prefer, the balance could be paid by cheque in GBP at an exchange rate to be agreed at the time.

Automatic/Immediate Bookings

Automatic/Immediate bookings are made online using the secure payment services of PayPal (Europe) S.à r.l. & Cie, S.C.A.   If the holiday is more than two months away then you pay a deposit of 20% of the price by PayPal at the time of your booking and the balance can be paid by PayPal or cheque two months before your holiday.  However, you have the option of paying the full amount at the booking time.  If the holiday is less than two months away then you pay the full amount by PayPal at the time of booking.  For the purposes of Immediate Booking "time of booking" means within ten minutes of activating the "Proceed to checkout" button on the Immediate Booking page.

For the purposes of Immediate Bookings the Availability Information shown on the Bookings page of this website is deemed to be accurate but nevertheless is dynamic.  There are three states of Availability: "Available", "On hold" and "Booked".  When the Booking Form is presented the date chosen is Available.  When the form is complete and you activate the "Proceed to checkout" button the Availability Information is rechecked and the period is placed On hold.

The period stays On hold for ten minutes after activating the "Proceed to checkout" button at which time control is transferred to a PayPal website.  You should make the PayPal payment during this ten minute period and you should not use the refresh or back buttons on your web browser during this time.

If you cancel the PayPal payment process by using the appropriate "Cancel and Return to Merchant" or "Return to Mrs T and Mr S A Davy" link, the "On hold" will be cancelled, the period will become Available and you will be returned to the Booking page with your booking form data intact.

If you close your browser during the period when you are on the PayPal website, but before paying, you will loose your booking session in which case you will not be able to reattempt the booking until the "On hold" has timed out.

PLEASE NOTE: If you do not make payment within ten minutes of accessing the PayPal site then your "On hold" will time out.  The most likely situation is that, even if the "On hold " has timed out, the period will still be available and your booking will complete normally.  However, although unlikely, a timeout does mean that someone else could place a booking some or all of your required days.  Under these circumstances is is possible for you to make a payment for a period that someone has booked, or started to book, after your ten minute timeout period.  In this highly unlikely situation the second person could complete the payment process and you would loose the booking.  In this case you will get a full refund.  If the second person starts a booking but does not complete the payment then you will be able to continue and complete the booking.

PLEASE NOTE: To ensure the smooth running of our booking system you should return to our website after making your PayPal payment by following the appropriate links on the PayPal website.  If you close your browser after making the PayPal payment, but before control is returned to the confirmation page on our website, you will not receive your confirmation email and there could be a delay in recording the booking on our systems.  Similarly, if there is a system failure during this period your booking might not be have been recorded even if you have paid.  In all probability such an issue will be rectified manually by us but if this situation should occur and you find that you have paid but on a subsequent return to this website your chosen date does not show up as "Booked" then you should contact us.

If you have paid by eCheque then you should not consider the booking to be firm until we have informed you that the eCheque has cleared.  If the eCheque does not clear in a reasonable time then we will remove the booking and reinstate the period as being Available.  If this should clear at a later date we will refund the payment in full.

Cancellation: If, after payment, you decide to cancel the booking then you can do so within seven days of making the booking.  We will refund the full amount as soon as we receive an email from you asking for the cancellation.  For subsequent cancellations please see our cancellation terms below.

Manual Bookings

Manual bookings are bookings made in stages, usually over the period of a few days.  The procedure is designed to allow you to make a provisional booking for Villa Rosa and give you time to book your flights.

Step 1: The first step is to make a Provisional Booking Request.  This is done by contacting us by email, telephone or usually by using the Provisional Booking Request Form.

Step 2: When we receive that Provisional Booking Request and have access to our systems and provided your chosen dates are available we will place the period On hold for you for two days.  At that time we will inform you that your dates are On hold and will confirm the price.  Please note that it could be 24 hours before we reply to your Provisional Booking Request although in most cases it will be much sooner.  On very rare occasions it could take longer than 24 hours to reply.

Step 3: When you receive confirmation of your provisional booking you can book your flights.  You should inform us when you have booked your flights.

Step 4: We will acknowledge that we have received your flight information and confirm your booking.  We will normally do this within 24 hours of receiving your flight information but if for some reason this is delayed then your On hold will still remain in place for you.  We will ask you to pay for your booking by cheque or we will send you a PalPal invoice or bank account details to enable you to make a direct bank transfer, whichever is more convenient for you.  If the holiday is more than two months away then you pay a deposit of 20% of the price at this time.  The balance can be paid two months before your holiday.  If the holiday is less than two months away then you pay the full amount at this time.  If we do not receive your payment within a reasonable time we will remove the booking and reinstate the period as being Available.

Please note that the Availability Information shown on the website is normally updated manually at least every 24 hours and usually more often.  For the purposes of Manual and Provisional Bookings the Availability Information should be taken as a good guide but might not always be up to date.

However, Automatic Immediate Bookings take priority over Manual Bookings.  This means that if an Immediate Booking is made between Steps 1 and 2 in the Manual Booking procedure then the booking will be allocated to the person using the Immediate Booking method.

If we receive more than one Provisional Booking Request for the same period, or an overlapping period, before Step 2 of either booking, we will allocate the Provisional Booking to the first request receive and inform others of the situation.

Cancellations

You can cancel Immediate Bookings within seven days of making the booking, which means making the PayPal payment on the PayPal website, in which case payment will be refunded in full as soon as we receive the request to cancel.  We have no specific rules on the relationship of the party members but if we feel the party makeup to be inappropriate we would prefer to communicate with you about the matter and reserve the right to cancel any Immediate Booking made with a full refund within the same seven day period.  (We have never done this.)  For the avoidance of doubt there is no direct equivalent right to cancel for Manual Bookings.

In other cases, if you want to cancel your booking then we reserve the right to make a cancellation charge as shown below, which relates to the relative timing of your cancellation and your scheduled Arrival date at Villa Rosa.

The time we receive your cancellation instruction is deemed to be the time of cancellation.

• 8 weeks or more before your Arrival date: Your 20% deposit.
• 6 to 8 weeks or more before your Arrival date: 50% of the full fee.
• less than 6 weeks before your Arrival date: the full fee.

However, we will use all reasonable endeavours to secure an alternative booking for the same period at a non-discounted price.  If we do so we will refund some or all of your booking fee or deposit depending on the nature and length of the replacement booking.

If we have to cancel your booking it will only be in extreme or catastrophic circumstances such as loss of or severe damage to the property.  If the situation should arise then we will refund your payment in full.  We have never cancelled a booking.

Insurance

For the avoidance of doubt we do not insist that you have travel insurance but you might find it worthwhile.  If you need to cancel then the insurance will probably pay our cancellation charge and in any case some airlines will require it.

Persons visiting

A booking is a personal arrangement between the person named on the booking form or other communication and us.  The party is expected to be of the size and nature as indicated in the booking form or other communication and if that should change then the named person should inform us.  We ask for Relationship details of the party members.  We expect that information to be accurate.  We have no specific rules on the relationship of the party members but if we feel it inappropriate we would prefer to communicate with you about the matter and reserve the right not to accept the booking or cancel any Immediate Booking made with a full refund within seven days of you making the booking.  (We have never done this.)

Arrival and Departure

Villa Rosa is normally available from 1:00pm on your arrival date but we ask you to cooperate with the cleaners if you should arrive before 3:00pm and they have not finished servicing the villa.

Villa Rosa must be vacated by 10:00am on the day of your departure.  On some occasions this can be extended by prior arrangement.

Safety and Liability

Unless otherwise required by law our liability for any problem that arises or loss that is incurred shall be limited to the booking fee already paid.

We are not liable for equipment or system failures during the booking process, whether we own the system or not, but will use all reasonable endeavours to deal with such failures in an efficient manner and expect our guests or potential guests to do the same in order to maximise the possibility of rectifying any resultant issues or problems.

Vila Rosa is a private residence and you should take all reasonable care and follow normal domestic safety guidelines including but not restricted to those outlined by us in information booklets available to you during your visit.  We will not be liable for any accident which may occur or injury, damage or loss howsoever caused unless by the direct negligence of us.  We believe we take reasonable care to provide a safe environment.

There is no gas on the premises.  The water heating and cooking facilities are electric.  Room heating, when required, is by portable electrical heaters.

The private swimming pool is provided for your exclusive use during your visit at your own risk.  You should take all sensible safety precautions in and around the pool, some of which will be outlined by us in information booklets available to you during your visit.

Internet access

Villa Rosa has a free wireless or wired ADSL (broadband) connection to the internet available for guests with their own laptop / notebook computer.  While we use our reasonable endeavours to try to ensure the facility is always available it is not a guaranteed service.  If you are interested in internet access please enquire for further details.

Communication

Our normal and preferred method of communication is by email, including automatic emails instigated by this website, and we will normally accept such forms of communication as valid.

While this is normally a reliable method you should be aware that on occasions emails fail to arrive or are delayed.  If you are expecting and email from us and have not received one within a reasonable period then please contact us (again) about the matter.  We do not deliberately sit on emails and usually respond within a very short time of receiving them.  However we are just a family with a holiday home so on occasions this might take a little longer, but in any case we usually try to ensure we have email access at least once in every 24 hour period.