Terms & Conditions Villa Vital Fuerteventura (VVF)
Article 1 – Definitions
VVF: The person who puts together and offers the Package and Accommodation. In full: Villa Vital Fuerteventura.
Customer: every person (guest or participant) who wishes to enter into an agreement with VVF concerning a Package or Accommodation and every person who has the right to book under the Agreement.
Agreement: the contract including these Conditions whereby VVF undertakes towards the Customer to provide the Package and/or Accommodation.
Package (also Retreat or Camp): a price set at the time of booking for a number of overnight stays set by VVF plus certain associated Activities
Stay: a price set at the time of booking for a number of nights determined by the Customer including breakfast.
Activity: an activity such as walking, cycling, yoga, fitness, excursions, etc.
Activity service: a certain service, such as renting a bicycle, renting / using yoga or fitness equipment, etc.
Activity service provider: the service provider that carries out part of the Arrangement / Retreat, such as collaborating professionals (sports and yoga trainers, external guides/etc.) of VVF.
In writing: in writing or electronically, including by e-mail.
Travel fee:the total amount in euros owed by the Customer to VVF for the provision of the Package or Stay.
Conditions: these Terms & Conditions.
Work days: Monday till Friday, excluding public holidays, within working hours (9 – 17 h Canarian / UK time).
Article 2 – Applicability of Terms & Conditions
2.1 Packages and Stays
These Terms and Conditions apply to all Arrangements or Stays offered by or agreed with VVF and form an inseparable part thereof.
2.2 Deviating and additional conditions
Deviating and additional conditions must be agreed in writing. Deviating provisions in the individual agreement take precedence over these Terms and Conditions.
Article 3 – Realisation of the Agreement
3.1 Content of the offer
The Package or Stay offered includes the services and facilities expressly described in the offers and publications of VVF. The content of the offer will be determined exclusively on the basis of the information provided by or on behalf of VVF. Information in publications of activity service providers are not part of the offer, regardless of whether a link to it is included in VVF’s offer. The duration of the trip stated is indicated in whole days, whereby the day of departure and arrival are counted as whole days.
3.2 Realisation of the agreement
The Contract is concluded by the acceptance by VVF of the booking request completed by the Customer.
3.3 Obvious errors
Obvious errors in the offer are not binding on VVF. This concerns the offer of a price, the content of the Package or Stay or Activity offered or other information which, in view of all the circumstances, the Customer could not reasonably assume that VVF intended to explain. If there is reason to doubt the correctness of the price or information, the Customer must enquire.
3.4 Special wishes
If the Customer indicates certain preferences before or on entering into the Contract, rights can only be derived from them insofar as these preferences have been accepted as a special wish by means of a written undertaking from VVF to the Customer that the preference will be granted. The mere indication of preference on the booking request and confirmation is insufficient for this purpose.
3.5 Special requirements
If, at the latest on entering into the Contract, the Customer makes requirements in connection with the medical condition or because of other important interests known to VVF as a ‘requirement’, this will apply as a condition precedent for the conclusion of the Contract. VVF must reject or confirm the ‘requirement’ within a reasonable period of time and ensure that it is met. A period of 7 days will in any case be regarded as reasonable. If VVF rejects the requirement then no Contract will be concluded. If VVF confirms the ‘requirement’ then the Contract will be concluded by sending confirmation. If there are additional costs associated with the requirements and these are known, VVF will make the Customer a new offer.
3.6 Confirmation of booking request
A booking request completed by the Customer and confirmed by VVF is final. The Customer has no right to revoke the Contract.
3.7 Confirmation of booking
Immediately after the booking request, VVF will send a booking confirmation with or without a (down payment) invoice.
The Customer who books a Package or Stay must be of legal age (minimum 18 years of age).
3.9 Books for other Customers & communication
The Customer who enters into an Agreement on behalf of or for the benefit of one or more other Clients is jointly and severally liable for all obligations arising therefrom. The other Customers are each liable for their own part. The confirmation, the invoice and all other communications will only be sent to the Customer making the booking. The Customer who books a Package or Stay on behalf of or for the benefit of others is obliged – with the consent of those other Customers – to disclose relevant personal circumstances of those other Customers which may affect the performance of the Contract at the time of registration. A Customer booking a Package or Stay on behalf of or for the benefit of others is obliged to provide these Terms and Conditions and other relevant communications to such other Customers.
Article 4 – Information by VVF
4.1 Travel fee
The stated Travel Fee is in euros and applies per person, unless explicitly stated otherwise.
4.2 Information by VVF at the time of booking or immediately afterwards
When concluding the Agreement or immediately thereafter, VVF will provide the Customer with the Agreement including the Customer’s accepted special wishes and any health formalities and other information required by law.
4.3 Information on insurance
Before concluding the Agreement, VVF will provide the Customer with information on the urgent advice to take out cancellation insurance (and travel insurance).
Article 5 – Information by the Customer
5.1 Relevant information of the Customer(s)
Before or at the time of concluding the Agreement, the Customer making the booking will provide all information relevant to the Package or Stay from himself/herself and the other Customers he or she has registered. This relates in particular to information about the Customers or the composition of the group if this is likely to affect the health or safety of the Customer or others during the Package or Stay. If the information provided is incorrect or incomplete, this may result in the exclusion of the Customer from participation by VVF or the Activity Service Providers. In such a case, the Customer shall be liable for the cancellation costs in accordance with Article 9(2) [cancellation costs]. Other resulting costs will also be payable by the Customer.
5.2 Information required by the Customer for the transfer from and to the airport
At least two weeks prior to the Customer’s departure, VVF will receive detailed information on the scheduled departure time, any scheduled stops and scheduled arrival time at Fuerteventura and the name of the airline operating the air transport, including flight number.
5.3 Reduced mobility, pregnant women, unaccompanied minors and illness
Customers with reduced mobility and their supervisors, pregnant women, unaccompanied minors and Customers with an illness that may affect the Arrangement or Stay must report this to the VVF at the time of entering into the Contract or in any case as soon as possible after the Customer becomes aware of it in connection with any consequences for the Arrangement or Stay.
BEFORE THE TRIP
Article 6 – Payment
After conclusion of the Agreement, 30% of the Travel Fee must be paid within 14 days after receipt of the down payment invoice.
6.2 Remaining payment
The remainder of the Travel Fee must be paid no later than 6 weeks prior to the commencement date of the Arrangement or Stay. If the Agreement is concluded within 6 weeks prior to the commencement date of the Arrangement or Stay, the full Travel Fee must be paid immediately and in any case prior to the commencement of the Arrangement or Stay.
6.3 Non-payment and interest
If the Customer fails to pay within the term mentioned above or stated on the invoice, the Customer will be in default without any further notice of default being required and will owe statutory interest on the outstanding amount from that time onwards.
6.4 Collection charges
The Customer is obliged to pay the extrajudicial collection charges if the Customer is unsuccessfully demanded to pay within a period of fourteen days, starting the day after the demand is received, stating the consequences of the failure to pay, including the exact collection costs claimed. The extrajudicial collection costs are 15% of the sum claimed up to €2500, 10% over the subsequent €2500, 5% over the subsequent €5000 and 1% over the excess, with a minimum of €50.
6.5 Further consequences of non-payment
If payment is not made by the Customer even after a reminder or if payment has not been made before the start of the trip, VVF is entitled to exclude the Customer from participating in the Package or Stay. The obligation to pay remains. Instead of excluding the Customer from participation, VVF may cancel the Contract and charge the Customer for the cancellation costs owed. The provisions of this paragraph are without prejudice to other rights of VVF.
Article 7 – Replacement
7.1 Conditions and notification
A Customer may transfer the Package or Stay to another person who satisfies all the conditions attached to the Package or Stay. The Customer requests VVF to take the person’s place no later than 7 days before the start of the Package or Stay, or at least within a reasonable period of time within which the necessary action can be taken. Transfer is only possible to the extent permitted by the conditions of the Activity Service Provider concerned.
7.2 Personal liability and extra costs
The Customer and the person taking over the Package or Stay shall be jointly and individually liable for payment of the amount still due and for any additional allowances, surcharges and other costs arising from the substitution, including modification costs of up to €25.
Article 8 – Modification by the Customer
8.1 Modification arrival date
The Customer who has booked the Package or Stay may request VVF in writing to change the date of arrival. VVF is not obliged to do so. VVF will inform the Customer of the new Travel Fee. If the Customer agrees to the costs of the change, the new Travel Fee and change costs of € 25 will be due. If the new Travel Fee is lower than the original Travel Fee, the difference will be settled with the amendment costs owed. However, the balance payment, as referred to in Article 6, Paragraph 2, must still be paid within 6 weeks of the original date of arrival.
A request to change the arrival date can only be made once.
If the new arrival date is not within 6 months of the original arrival date, this is a Cancellation [Article 9].
8.2 Changes other than arrival date
The Customer who has booked the Package or Stay may request VVF in writing to change the Contract. VVF is not obliged to do so. VVF will inform the Customer of the new Travel Fee. If the Customer agrees to the costs of the amendment, the new Travel Fee and change costs of € 25 will be due. If the new Travel Fee is lower than the original Travel Fee, the difference will be settled with the amendment costs owed.
8.3 Change number of Customers and/or number of days of stay
A reduction in the number of paying Customers or the number of days of stay does not constitute a change, but a partial cancellation. This is subject to the cancellation regulations of Article 9, paragraph 2 [cancellation costs].
Article 9 – Cancellation by Customer
The Customer may cancel the Agreement at any time before the start of the Package or Stay. Notice of termination must be given in writing. The date on which the written notice of termination is received by VVF will apply as the date of cancellation. In the event of receipt after 17:00 hours or outside Working Days, the following Working Day will be regarded as the date of receipt.
9.2 Cancellation fee
In the event of cancellation by the Customer, 100% of the full Travel Fee of the Package or Stay shall be due, irrespective of the time of cancellation.
In the event of a reduction in the number of Clients within a single booking, the cancellation fees due will be equal to the full cost of the Package or Stay for those Customers to whom the cancellation relates.
Artile 10 – Price change
10.1 Price change
The VVF reserves the right to increase the rate of the Package or Stay in respect of Contracts already entered into up to 20 days prior to the day of arrival as a result of price changes in the cost of fuel or other energy sources and/or taxes or reimbursements from third parties not directly involved in the execution of the Package or Stay.
10.2 Cancellation by the Customer
If the increase amounts to more than 10% of the Travel Fee, the Customer has the right to terminate the Agreement. In that case, the Customer is entitled to an immediate refund of the amounts paid. VVF will set the Customer a reasonable period within which the Customer must have made known in writing whether it is terminating the Agreement. If the Contract is not terminated within the set period, the price increase will be deemed to have been accepted and the right to terminate will lapse.
Article 11 – Changes by VVF
VVF is entitled to unilaterally change the Contract prior to the commencement of the Package or Stay in so far as it concerns non-invasive changes. The Customer will be informed of this in writing and in a clear manner.
11.2 Major changes
If necessary, VVF may drastically change the main features of the Contract before the start of the Arrangement or Stay. This also includes offering an alternative Arrangement or Stay which, if reasonably possible, is of at least equal quality. In this case, the Customer may accept the change or terminate the Contract without payment of cancellation fees.
In the event of major changes, VVF will set the Customer a reasonable period within which the Customer must have notified VVF in writing whether it will terminate the Contract. If the Contract is not terminated within the set period, the changes will be deemed to have been accepted and the right to terminate will lapse.
Article 12 – Cancellation by VVF
VVF may terminate the Contract before the start of the Package or Stay and reimburse the Customer for all sums paid for the Package or Stay without being liable to pay compensation in the event of force majeure, understood to mean unavoidable and exceptional circumstances.
12.2 Reimbursement of Travel Fee paid
In the above cases, VVF will refund any amounts already received without delay and at the latest within 14 days. Costs incurred by the Customer for services not covered by the Contract, such as air travel, tickets, other transfer costs, vaccinations, visas, purchase of equipment, insurance and costs for other accommodation, etc., will not be reimbursed.
12.3 Cancellation through the fault of the Customer
In the event that the Customer does not meet pre-set participation requirements or if incorrect or incomplete information about experience, skills, physical or mental condition or other relevant subjects is provided by or on behalf of the Customer, VVF will be entitled to terminate the Contract. This does not affect any other rights of VVF.
Article 13 – Responsability
13.1 Good execution of the Trip
VVF is responsible for the performance of the Activity Services to which the Contract relates, regardless of whether these Activity Services are performed by VVF itself or by another Activity Service Provider.
Article 14 – Assistance and support
14.1 Mandatory assistance
VVF will provide immediate assistance and support to the Customer if the Customer is in difficulty, in particular by providing good information on medical services, local authorities and consular assistance and by helping the Customer to use remote communication and to find alternative Arrangements or Stays.
VVF will charge a reasonable fee for the help and assistance if the difficulties have arisen as a result of intent or negligence on the part of the Customer.
Article 15 Attribution, force majeure and liability exclusions
15.1 Attribution & force majeure
Under no circumstances shall the Customer be entitled to compensation for damage incurred by the Customer as a result of non-conformity, insofar as the non-conformity is attributable to:
a. the Customer;
b. third parties who are not directly involved in the execution of the Agreement and the non-conformity could not be foreseen or prevented;
c. unavoidable and exceptional circumstances.
15.2 Insured damage
VVF is not liable for any damage suffered by the Customer that is covered by insurance, such as health, travel or cancellation insurance.
Article 16. Liability
- Participation in all Activities organised by VVF or Activity Service Providers is entirely at your own risk.
- Should VVF be liable, this liability will be limited to the provisions of this provision.
- VVF is not liable for damage, of whatever nature, arising because VVF has assumed incorrect and/or incomplete information provided by or on behalf of the Customer.
- The Customer indemnifies VVF against claims by third parties arising from the performance of acts arising from the agreement and indemnifies VVF in appropriate cases.
- VVF is not liable for shortcomings of third parties engaged. If these third parties wish to limit or have limited their liability in connection with the work to be carried out by them, VVF will be entitled, and authorised to do so by the Customer by accepting the applicability of these Conditions, to accept such limitation of liability (also) on behalf of the Customer.
- VVF will never be liable for indirect damage, including consequential damage, loss of profit, lost savings, damage due to business stagnation and personal injury.
- VVF is never liable for the behaviour of other participants in the activity.
- The Customer must be adequately insured against the risk of damage that he or a next of kin may suffer as a result of his death, injury or illness caused by his participation in the Activity.
Article 17. Activities
- A participant must be at least 18 years of age on the day of the Activity.
- VVF is entitled to cancel an Activity, without being obliged to pay any compensation, in the event of an insufficient number of participants, due to illness of participants or teachers, trainers, instructors, and/or in the event that, in its opinion, the composition of the group of participants will affect the intended quality of its services. In these cases, the participant has the right to cancel his/her participation in the cancelled Activity free of charge after having been notified in writing.
- VVF is entitled to immediately exclude the Customer from (further) participation in the Activity if this participant behaves in a socially improper or immoral manner or if the Customer harasses other participants and/or VVF or treats them unfairly.
Article 18. Obligations of VVF
- VVF will exercise the greatest care in the performance of the Contract.
- In respect of its services VVF will only have an obligation to perform to the best of its ability and will never be liable for achieving or failing to achieve a certain result.
- The results of application and use of the advice provided by VVF will depend on a variety of factors outside VVF’s influence. Although the Agreement will be performed by VVF to the best of its knowledge and ability and in accordance with the requirements of good workmanship, VVF cannot therefore give any guarantees with regard to the results of the advice it has provided.
Article 19 – Customer obligations
19.1 Behaviour and follow-up of instructions
The Customer must behave as a reasonable Customer and is obliged to follow all instructions to promote the proper implementation of the VVF Package or Accommodation and the Activity Service Providers.
19.2 Consequences of non-compliance – exclusion from participation
In the event of failure to comply with instructions or in the event of a Customer causing nuisance, VVF or the Activity Service Provider is entitled to deny the Customer further participation in the Package or Accommodation or Activity Service in part or in full. In such a case, the Customer is not entitled to a refund of monies. Any further costs incurred as a result will be at the expense and risk of the Customer.
Before proceeding to exclude from participation, the Client will first be given a verbal or written warning. A warning is not required if this cannot be required from VVF or Activity Service Provider given the circumstances of the case, taking into account the Customer’s behaviour, the expected chance of improvement of the behaviour, the effect on the Arrangement or Stay and other Customers, the risk of damage and the safety of the Customers and others.
19.4 Customer liability
The Customer is liable for damage caused by his behaviour, failure to comply with the obligations in these Terms and Conditions or damage that is otherwise attributable to him. The Customer indemnifies VVF against claims from Activity Service Providers or third parties involved in the Package or Accommodation for damage caused by the Customer or attributable to him.
Article 20. Force majeure
- VVF is not obliged to fulfil any obligation towards the Customer if it is hindered to do so as a result of a circumstance for which it is not to blame and for which it is not responsible by virtue of the law, a legal act or generally accepted views.
- In these Conditions, in addition to what is understood in this respect in law and case law, force majeure means all external causes, foreseen or unforeseen, over which VVF cannot have any influence, but which prevent VVF from fulfilling its obligations: Strikes in the company of VVF or third parties, technical breakdowns, computer failures, special weather conditions, illness of personnel and auxiliary persons, war, threat of war, riots, strikes or sit-down strikes, fire, water damage, acts of war, floods, pandemics and restrictive government measures, but are not limited to these.
Article 21. Complaints
- VVF attaches great importance to delivering quality. Should the Customer, for whatever reason, not be entirely satisfied with the services provided by VVF, this can be made known by sending a detailed description of the complaint by e-mail to email@example.com mentioning the nature of the complaint.
- Upon receipt, VVF will contact the Customer. An attempt will also be made to settle the complaint as soon as possible.
- Complaints will of course be treated confidentially.
- If the Customer complains in good time, this does not suspend his payment obligation. In that case, the Customer will also remain obliged to take delivery of and pay for the other goods ordered and that for which he has instructed VVF.
- If a defect is reported later, the Customer will no longer be entitled to repair, replacement or compensation.
- If it is established that an item or service is defective and a complaint in this respect has been made in good time, VVF will, at VVF’s discretion, replace the defective item or service or arrange for its repair or pay the Customer a replacement fee for it.
- If it is established that a complaint is unfounded, the costs incurred on the part of VVF as a result of this, including the investigation costs, will be fully at the expense of the Customer.