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Terms and Conditions
These Booking
Conditions, together with any other written information we brought to your
attention before we confirmed your booking, form the basis of your contract
for accommodation in a resort ("Affiliated Resort") with RCI Europe (trading
as Endless Vacation Rentals) or where applicable, its affiliated or related
entities, associates, or partners, or any company or companies
within the Wyndham Worldwide group of companies („Endless Vacation Rentals‟,
“we”, “us” or „our‟). Please read them carefully as they set out our
respective rights and obligations. In these Booking Conditions references to
"you" and "your" include the first named person on the booking and all
persons on whose behalf a booking is made or any other person to whom a
booking is
added or transferred. By making a booking, the first named person on the
booking agrees on behalf of all persons detailed on the booking that:
1.He/she has read these terms and conditions, has the authority, and does
agree, to be bound by them;
2.He/she consents to our use of information in accordance with our Privacy
Policy;
3.He/she is over 18 years of age (or over 21 in the case of bookings of
accommodation in the USA) and where placing an order for services with age
restrictions declares that he/she and all members of the party are of the
appropriate age to purchase those services.
Please note that ENDLESS VACATION RENTALS AND MEDRESORTS.NET does not offer
any scheme of financial protection in respect of any bookings made via this
website. We may alter/update these terms and conditions at any time. If we
do so, all subsequent bookings will be governed by the newer version.
1. Booking and Paying For Your
Accommodation Arrangements
A booking is made with us when a) full payment is made and b) we issue you
with a booking confirmation. A binding contract will come into existence
between you and us as soon as we have issued you with a booking confirmation
that will confirm the details of your booking and will be sent to you via
email. Upon receipt, if you believe that any details on the confirmation (or
any
other document) are wrong you must advise us immediately as changes can not
be made later and it may harm your rights if we are not notified of any
inaccuracies in any document within five days of our sending it out.
2. Availability of
Arrangements
Our ability to confirm a booking is dependent on the availability of
accommodation deposited by others with ENDLESS VACATION RENTALS and which
are acceptable to you. We therefore cannot guarantee that any particular
request for an Affiliated Resort, area, travel date, type or size of
accommodation, or otherwise will be met. We will, though, offer you
alternative choices which
may be available at the time.
3. Special Requests
Any special requests must be advised to us at the time of booking. You
should then confirm your requests in writing. Whilst every effort will be
made by us to try and arrange your reasonable special requests, we cannot
guarantee that they will be fulfilled. The fact that a special request has
been noted on your confirmation invoice or any other documentation or that
it has been passed on to the supplier/Affiliated Resort is not confirmation
that the request will be met. Failure to meet any special request will not
be a breach of contract on our part unless the request has been specifically
confirmed.
4. Disabilities and Medical
Problems
We are not a specialist disabled accommodation provider, but we will do our
utmost to cater for any special requirements you may have. If you or any
member of your party has any medical problem or disability which may affect
your stay, please provide us with full details before we confirm your
booking so that we can try to advise you as to the suitability of your
chosen
arrangements. Acting reasonably, if we are unable to properly accommodate
the needs of the person(s) concerned, we will not confirm your booking, or,
if you did not give us proper details at the time of booking, we reserve the
right to cancel it and impose reasonable cancellation charges when we become
aware of these details.
5. Insurance
Adequate travel insurance is vital. If you choose to travel without adequate
insurance cover, we will not be liable for any losses that result and in
respect of which insurance cover would otherwise have been available.
6. Accuracy and Prices
We endeavour to ensure that all the information and prices on this website
are accurate, however, we reserve the right to alter any of our advertised
accommodation prices at any time. You must check the current price and all
other details relating to the accommodation that you wish to book
immediately before your booking is confirmed. We reserve the right to amend
the price of unsold accommodation at any time and/or correct any errors. The
price of your confirmed accommodation may be subject to changes arising from
government action such as changes in VAT,
other applicable sales taxes or any other government imposed changes; and to
changes in currency exchange rates either or both of which may result in a
variation of your accommodation price.
7. Changes by You
If you wish to change any part of your accommodation arrangements after our
confirmation invoice has been issued, you must inform us in writing as soon
as possible. This should be done by the first named person on the booking.
Whilst we will try to assist, we cannot guarantee that we will be able to
meet your requested change. Where we can meet a request, all changes will be
subject to payment of an administration fee as well as: 1) any applicable
rate changes or extra costs incurred, 2) any costs incurred by ourselves
and, 3) any costs or charges incurred or imposed by any of our
suppliers/Affiliated Resorts. You should be aware that these costs could
increase the closer to the departure date that changes are made and you
should contact us as soon as possible. Where we are unable to assist you and
you do not wish to proceed with the original booking we will treat this as a
cancellation by you. A 100% cancellation fee will be applied.
8. Transfer of Booking
We will arrange for a transfer (including a change of date) of your booking
in the event that you or a close relative of yours begins to suffer with a
severe illness or suffers a severe accident after confirmation of your
booking. We reserve the right to transfer your booking to another Affiliated
Resort which we deem (acting reasonably) to be suitable. You will be
required to: a)
provide documentary proof by way of valid Doctor‟s certificate/report before
we can authorise a transfer; b) you, or the transferee, must pay any sums
due to us before the transfer is authorised; c) you, or the transferee must
meet all of the terms and conditions of the booking; and (d) your request
must be made at least 48 hours before your planned arrival at the
accommodation. Such requests shall be made by contacting the customer
services number as detailed in your documentation and (e) you must also pay
any costs incurred by ourselves and any costs or charges incurred or imposed
by any of our suppliers. (f) You may only transfer an original booking. 9.
Going Home Early If you are forced to return home early, we cannot refund
the cost of any accommodation you have not used. If you cut short your
arrangements and return home early in circumstances where you have no
reasonable cause for complaint about the
standard of accommodation provided, we will not offer you any refund for
that part of your accommodation not used, nor can we be liable for any
associated costs you may incur. Depending on the circumstances, your travel
insurance may offer cover for curtailment and we suggest that any claim is
made directly with them.
10. Cancellation by You
If you or any other member of your party decides to cancel your confirmed
booking you must notify us in writing as soon as you can. Your notice of
cancellation will only take effect when it is received in writing by us at
reservations@medresorts.net. Since we incur costs in cancelling your
arrangements, you will have to pay 100% of the total holiday cost. If one or
more member(s) of your holiday party cancel(s) and the occupancy level
decreases, the full price per apartment will be payable by the remaining
occupants. No refunds will be given for any passengers who do not occupy the
accommodation or for any unused services. If the reason for your
cancellation is covered under the terms of your insurance policy, you may be
able to reclaim these charges from your insurer.
11. If we Change or Cancel
your Accommodation Booking
Special Note: When two or more consecutive weeks have been booked at an
Affiliated Resort you may be required to move from one apartment to another
for any second or any subsequent week. It is unlikely that we will have to
make any changes to your accommodation arrangements, but occasionally, we
may have to make changes and we reserve the right to do so at any time. We
also reserve the right in any circumstances to cancel your accommodation
arrangements. Your rights in relation to changes we make depend on whether
we make a minor or a major change: Examples of “major changes” include the
following when made before departure; a significant change of destination
for the whole or a large part of your time away or a change of accommodation
to that of a lower standard or classification for the whole or a large part
of your time away. An example of a “minor change” would include a change of
accommodation to another of the same standard or classification. We will not
have any liability if we make any minor changes. If we have to make a major
change or cancel, we will tell you as soon as possible and if there is time
to do so before departure, we will offer you the choice of i) (for major
changes) accepting the changed arrangements or (for both major changes and
cancellations) ii) accepting an offer of alternative travel arrangements of
comparable standard from us, if available (we will refund any price
difference if the alternative is of a lower value). You must notify us of
your choice within 7 days of our offer. If you fail to do so we will assume
that you have chosen to accept the change or alternative booking
arrangements. The above sets out the maximum extent of our liability for
changes and cancellations and we regret we cannot meet any expenses or
losses you may incur as a result of change or cancellation. The above
options will not be available if we make a minor change or if we cancel as a
result of your failure to make full payment on time or where the change(s)
or cancellation by us arises out of alterations to the confirmed booking
requested by you. Very rarely, we may be forced by "force majeure" (see
below) to change or terminate your arrangements after departure. If this
situation does occur, we regret we will be unable to make any refunds
(unless we obtain any from our suppliers), pay you compensation or meet any
costs or expenses you incur as a result.
12. Force Majeure
Except where otherwise expressly stated in these booking conditions we will
not be liable or pay you compensation if our contractual obligations to you
are affected by any event which we or the supplier(s) of the service(s) in
question could not, even with all due care, foresee or avoid. These events
can include, but are not limited to war, threat of war, civil strife,
terrorist activity and its consequences or the threat of such activity,
riot, the act of any government or other national or local authority
including port or river authorities, industrial dispute, lock closure,
natural or nuclear disaster, volcanic and geological events, fire, chemical
or biological disaster and adverse weather, sea, ice and river conditions
and all similar events outside our or the supplier(s)‟ control. Advice from
the Foreign Office to avoid or leave a particular country may constitute
Force Majeure. We will follow the advice given by the Foreign Office.
13. Our Responsibility for
Your Booking
We have a duty to select the accommodation providers with reasonable skill
and care. We have no liability to you for the actual provision of the
accommodation, except in cases where it is proved that we have breached that
duty and damage to you has been caused. Therefore, providing we have
selected the provider with reasonable care and skill, we will have no
liability to you
for anything that happens at the accommodation or any acts or omissions of
the provider or others. We also have no liability in the following
situations:
(i) where the accommodation cannot be provided as booked due to
circumstances beyond our control
(ii) where you incur any loss or damage that could not have been foreseen at
the time of your booking, based on the
information provided by you.
(iii) where you incur any loss or damage that relates to any business
activity.
(iv) where any loss or damage relates to any services which do not form part
of our contract with you.
(v) where services or facilities do not form part of our agreement or where
they are not advertised on our website. For example any excursion you book
whilst away, or any service or facility which your accommodation supplier or
any other supplier agrees to provide for you. If we are found liable to you
on any basis, we limit the amount we have to pay you to a maximum of three
times the cost of your accommodation. This limit does not apply to cases
involving death or injury.
14. Building and Development
Work
Although you may be on holiday, life will be going on around you as normal.
This may include noise and inconvenience from building or road works and
traffic. We will notify you of any building/refurbishment works which may
reasonably be considered to seriously impair the enjoyment of your stay
which we are aware of as soon as possible. Please note services and
facilities may also be affected by maintenance, bad weather and other
similar factors, all of which are beyond our control. We recommend you
contact the local tourist information office at your destination for the
latest details.
15. Complaints
We make every effort to ensure that your accommodation arrangements run
smoothly but if you do have a problem during your stay, please inform the
accommodation supplier immediately who will endeavour to put things right.
If your complaint is not resolved locally, please contact us on +44 207 365
2707 . Failure to do so will affect ours and the accommodation supplier‟s
ability to investigate your complaint, and will affect your rights under
this contract. If the problem cannot be resolved and you wish to complain
further, you must send formal written notice of your complaint to us at
Endless Vacation Rentals, RCI Europe Ltd, Kettering Parkway, Kettering,
Northants, NN15 6EY within 28 days of the end of your stay, giving your
booking reference and all other relevant information. Please keep your
letter concise and to the point. This will assist us to quickly identify
your concerns and speed up our response to you.
16. Guest Behaviour
You must comply with the Affiliated Resort‟s rules and by-laws. If in our
opinion or in the opinion of any hotel manager or any other person in
authority, your behaviour or that of any member of your party is causing or
is likely to cause distress, danger or annoyance to any third party or
damage to property, we reserve the right to terminate your accommodation
arrangements with
us immediately. In the event of such termination our liability to you and/or
your party will cease and you and/or your party will be required to leave
your accommodation immediately. We will have no further obligations to you
and/or your party. No refunds for lost accommodation will be made and we
will not pay any expenses or costs incurred as a result of termination. You
and/or your party may also be required to pay for loss and/or damage caused
by your actions and we will hold you and each member of your party jointly
and individually liable for any damage or losses caused by you or any member
of your party. Full payment for any such damage or losses must be paid
directly to the accommodation supplier prior to departure from the
accommodation. If
you fail to make payment, you will be responsible for meeting any claims
(including legal costs) subsequently made against us as a result of your
actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other
individuals who have no connection with your booking arrangements or with
us.
17. Use of the accommodation
The total number of people (babies and children included) occupying your
accommodation must not exceed the maximum occupancy of the apartment set out
in the booking confirmation; otherwise, the Affiliated Resort may refuse
access or levy an additional charge. You accept the fact that accommodation
may vary in unit size, design, fixtures, furnishings, amenities and
facilities. You and the other members of your holiday party are responsible
for payment of any and all applicable taxes, personal expenses, utility
charges, such as electricity, water and telephone, security deposits and
other fees or charges levied by an Affiliated Resort on occupiers of
accommodation for the use of amenities and facilities thereto. In some US
states a local sales
tax may be payable by you on arrival at or departure from the accommodation.
If you are going to arrive outside the check-in day and/or time set out in
your confirmation, you should contact the Affiliated Resort directly to make
alternative check-in arrangements. The Affiliated Resort may levy a charge
or impose other conditions for any accommodation not covering the days
specified on the confirmation.
18. Passport, Visa and
Immigration Requirements and Health Formalities
It is your responsibility to check and fulfill the passport, visa, health
and immigration requirements applicable to your accommodation booking.You
must check requirements for your own specific circumstances with relevant
Embassies and/or Consulates and your own doctor as applicable. Requirements
do change and you must check the up to date position in good time before
departure. Most countries now require passports to be valid for at least 6
months after your return date. If your passport is in its final year, you
should check with the Embassy of the country you are visiting. For further
information contact the Passport Office on 0870 5210410 or visit
www.passport.gov.uk Special
conditions apply for travel to the USA, and all passengers must have
individual machine readable passports. Please check www.usembassy.org.uk.
For European holidays British citizens should obtain a completed and issued
form EHIC prior to departure. Up to date travel advice (which is aimed
primarily at British citizens) can be obtained from the British Foreign and
Commonwealth Office, visit www.fco.gov.uk.
Non British passport holders, including other EU nationals, should obtain up
to date advice on passport and visa requirements from your own foreign
ministry and from the Embassy, High Commission or Consulate of your
destination or country(ies) through which you are travelling. We do not
accept any responsibility if you cannot travel, or incur any other loss
because you have not complied with any passport, visa, immigration
requirements or health formalities. You agree to reimburse us in relation to
any fines or other losses which we incur as a result of your failure to
comply with any passport, visa, immigration requirements or health
formalities.
19. Jurisdiction and
applicable law
These Booking Conditions and any agreement to which they apply are governed
in all respects by English law. We both agree that any dispute, claim or
other matter which arises between us out of or in connection with your
contract or booking will be dealt with by the Courts of England and Wales
only. You may however, choose the law and jurisdiction of Scotland or
Northern
Ireland if you live in those places and if you wish to do so.
20. Affiliated Resorts
Information about Affiliated Resorts, including without limitation available
information about facilities, amenities and services, published by ENDLESS
VACATION RENTALS is based on information obtained from the relevant
Affiliated Resort. You should be aware that facilities, amenities and
services publicised as being provided at the Affiliated Resort may not
necessarily be available or may be restricted at certain times of the year.
Accordingly, although ENDLESS VACATION RENTALS makes reasonable efforts to
ensure that resort information provided by ENDLESS VACATION RENTALS is
accurate and complete as of the date such resort information is provided by
ENDLESS VACATION RENTALS to you, subject to these booking conditions,
ENDLESS VACATION
RENTALS cannot accept responsibility for any inaccurate, incomplete or
misleading information about any Affiliated Resort provided to you. ENDLESS
VACATION RENTALS makes no warranty or representation (other than any made in
writing by ENDLESS VACATION RENTALS) about any Affiliated Resort. You are
free if you wish to make your own enquiries on such matters. ENDLESS
VACATION RENTALS do not own or manage any Affiliated Resorts. They are
separate and distinct entities and ENDLESS VACATION RENTALS has no joint
venture, partnership or agency relationship with any of them. The products
or services that are provided or sold by Affiliated Resorts, including but
not limited to accommodation are also separate and distinct.
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