Terms and Conditions
Terms and Conditions
The Real Algarve Agency Terms & Conditions
Except where otherwise specified, we, Lischa Limited, a company registered in England with company number 03395606 and registered office address of 5 Mayfield Road, Timperley, Cheshire, WA15 7TB (trading as The Real Algarve) act only as an agent in respect of all bookings we take and/or make on your behalf.
We accept no liability in relation to any contract you enter into or for any villas, accommodation or other ancillary services you purchase (“Services”) or for the acts or omissions of any villa owner, supplier or other person(s) or party(ies) connected with any Services. For all Services, your contract will be with the supplier of the Services in question (the “Supplier/Principal”).
By making a booking with us, the first named person on the booking agrees on behalf of all persons detailed on the booking that he/she:
- read these Agency Terms & Conditions and agree to be bound by them;
- is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions you declare that you and all members of your party are of the appropriate age to purchase those services;
- accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
- Contract When making your booking we will arrange for you to enter into a contract with the applicable Supplier/Principal of the Services, as specified on your confirmation invoice. As agent we accept no responsibility for the acts or omissions of the Supplier/Principal or for the Services provided by them. Your booking with us is subject to these Agency Terms and Conditions and the specific terms and conditions of the relevant Supplier/Principal(s) you contract with and you are advised to read both carefully prior to booking. The Supplier/Principal’s terms and conditions may limit and/or exclude the Supplier/Principal’s liability to you. Please ask us for copies of these if you do not have them.
Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you confirmation on their behalf.
- Booking When a booking is made all details will be read back to you. Once you have confirmed these details we will proceed to confirm the booking with the Supplier/Principal.
Please check that all names, numbers, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. The booking information that you provide to us will be passed on only to the relevant Supplier/Principal of your Services or other persons necessary for the provision of your Services. The information may be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any special category (sensitive) information that you give to us such as details of any disabilities, or religious requirements. In making this booking, you consent to this information being passed on to the relevant persons. If we cannot pass this information to the relevant suppliers, we will be unable to provide your booking. Full details of our data protection policy are available upon request.
- Payment In order to book your chosen Services, you must pay a non-refundable deposit of 30% of the full cost of the Services (or such other sum as requested by the Supplier/Principal) at the time of your booking. If you are making a booking within 8 weeks of your departure, you will be required to pay the full cost of the Services upfront.
If you have paid a deposit, you must pay the full balance by 8 weeks prior to your departure, unless otherwise agreed (the “Balance Due Date”). If full payment is not received by the balance due date, and where alternative arrangements have not been formally been agreed, we will notify the Supplier/Principal who may cancel your booking and charge any cancellation fees set out in their terms and conditions.
Except where otherwise advised or stated in the terms and conditions of the Supplier/Principal concerned, all monies you pay to us for Services will be held on behalf of the Supplier/Principal and forwarded on to the Supplier/Principal in accordance with our agreement with the Supplier/Principal.
- Car Hire & Airport Transfers If you require any airport transfers or car hire, please let us know and we can put you in touch with a recommended partner based in the Algarve. Please note that any additional booking for these services will need to be made directly with the partner company in the Algarve, and not through us. These additional services will be entirely separate to your Services booking and will not in any circumstances form a “package holiday” or “linked travel arrangement”.
- Prices We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen Services at the time of booking.
- Insurance It is a requirement for you and all members of your party to have adequate travel insurance for your trip. This policy should cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses.
Covid-19 Additional Travel Insurance Cover – It is a requirement that this policy includes additional cover for Covid-19 related travel issues. This includes Cancellation if you catch Covid-19 prior to travel / If you have to self isolate due to NHS test and trace contact / Further lockdowns or border closures due to Covid-19. It is recommended where possible that you acquire travel insurance for if you are unable to travel to your destination due to travel restrictions implemented in your place of residence, making it impossible for you to travel, or entry restrictions at your destination making it impossible for you to arrive at the accommodation. It is important that you read travel insurance policies, or check with the insurance provider to ensure you are covered if you are unable to travel or the Supplier/Principal cancels the booking due to Force Majeure (See clause 13).
- Special requests If you have any special requests (for example highchairs or cots), please let us know at the time of booking. We will pass on all such requests to the Supplier/Principal, but we can’t guarantee that they will be met and we will have no liability to you if they are not.
- Changes and Cancellations by you Any cancellation or amendment request must be sent to us in writing by email, and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your Services. The Supplier/Principal may charge cancellation or amendment charges as shown in their booking conditions, which are likely to include the following terms:
- if you cancel for any reason (including Force Majeure) and your cancellation request is received prior to the Balance Due Date, you will forfeit any deposits you have paid or the full cost of the Services (if you have made your booking within 6 weeks of your departure)
- if you cancel for any reason (including Force Majeure) and your cancellation request is received on or after the Balance Due Date, you will forfeit all amounts paid
In addition, you must pay us an administration fee of £35.00 per booking for any amendments to bookings and an administration fee of £25.00pp for cancellations or as otherwise set out in the Service Charges table below. We will notify you of the exact charges at the time of amendment or cancellation.
Cancellations by you due to travel advice from the Foreign, Commonwealth and Development Office (FCDO) If at the stage of balance payment or after that date, the FCDO advises against travel to your destination or its immediate vicinity, or travel restrictions have been implemented in your place of residence or your destination, making you unable to reach your Services, please contact us at your earliest convenience. We will liaise between you and the Supplier/Principal to attempt to arrange alternative dates or a refund but we will not be liable or obligated to make any refunds or pay compensations.
- Changes and Cancellations by the Supplier/Principal We will inform you as soon as reasonably possible if for any reason the Supplier/Principal needs to make a significant change to your confirmed Services or to cancel your booking. We will also liaise between you and the Supplier/Principal in relation to any alternative accommodation offered by the Supplier/Principal or to arrange for a refund to be made to you by the Supplier/Principal.
- Our responsibility for your booking Your contract is with the Supplier/Principal and as agent, we accept no responsibility for the actual provision of the Services. Our responsibilities are limited to making the booking and managing your booking in accordance with your instructions. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the affected booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
- Visa, passport and health requirements We can provide general information about the passport and visa requirements for your trip. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. Neither we nor the Supplier/Principal accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. Please note that these requirements may change between booking and departure. Most countries now require passports to be valid for at least 6 months after your return date. We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.
- Complaints Because the contract for your Services is between you and the Supplier/Principal, any queries or concerns about your Services should be addressed to them. However, we are happy to assist in these circumstances so please contact us in the first instance and we will liaise between you and the Supplier/Principal. If you have a problem with your Services whilst you’re there, please contact us immediately and we will liaise with the Supplier/Principal on your behalf. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you. We will of course assist you with this if you wish – please contact us.
If you’re not happy with the way your complaint has been resolved, you can access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/.
If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly.
- Force Majeure Except where otherwise expressly stated in the Supplier/Principal’s terms and conditions, neither we nor the Supplier/Principal will be liable and we regret we will be unable to make any refunds or pay you compensation if our obligations to you are affected by “Force Majeure”. However, if this is the case then we will liaise between you and the Supplier/Principal to source alternative dates or a possible refund but this is will be offered at the discretion of the Supplier/Principal. For the purposes of these Booking Conditions, Force Majeure means any event beyond our or the Supplier/Principal’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that the availability or travel to/from certain Services may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our or the Supplier/Principal’s control, we would treat any such changes as Force Majeure, and whilst Supplier/Principals will endeavour to provide suitable alternative arrangements or refunds where possible, we will not have any liability to you if this is not possible.
- Law and Jurisdiction These Agency Terms & Conditions are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
- Services Ratings and Standards All ratings are as provided by the relevant Supplier/Principal. These are intended to give a guide to the services and facilities you should expect from your Services. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given.
- Documentation & Information All descriptions and content on our website or otherwise issued by us is done so on behalf of the Supplier/Principal in question are intended to present a general idea of the services provided by the Supplier/Principal. Not all details of the relevant services can be included on our website. All services shown are subject to availability. If you require any further details, in respect of any Services or any other services please contact us.
- Services Please note that only those persons named on the booking form may stay at the Services. In the event a Supplier/Principal discovers extra persons residing at the Services, Supplier/Principals reserve the right to charge you an additional sum or request that the additional persons leave the Services. Failure to comply may result in your booking being terminated and all persons being required to vacate the Services without any liability for a refund or compensation.
All properties are designated as strictly no smoking for safety, comfort and legal reasons. Failure to comply with this rule may mean that the Supplier/Principal terminates your booking without any liability for a refund or compensation.
Access to the Services is from 4.00pm on the day of arrival and you must vacate the Services by 10.00am on the day of departure unless you have agreed otherwise with the Supplier/Principal.
- Pets Most properties have a strict “no pets” rule. Failure to comply with this may result in the Supplier/Principal asking for the pet being to be removed. Failure to comply may result in your booking being terminated by the Supplier/Principal with no liability for a refund or compensation. You may also be liable to pay additional cleaning charges.
- Construction/Building Works: We will work with Supplier/Principals to monitor and advise you if any building work is likely to affect your Services during your stay. Should we consider that a neighbouring building plot would seriously affect your Services with either noise and/or dust pollution, then we will do our upmost to work with the Supplier/Principal to find you suitable alternative accommodation, if possible. As we act as an agent, we cannot be held liable for inconvenience caused by any building works.
- Damage Deposit All Services require a damages deposit which must be paid by you, and you will be notified of the amount at the time of booking. This must be paid by bank transfer to us by the date specified. We hold the damages deposit as agent for the Supplier/Principal. A complete check will be carried out on all Services prior to you arriving and after you have departed, with a comprehensive summary and inventory being provided to us. We strongly recommend that you carry out a check on the Services upon arrival and report any issues immediately to the Supplier/Principal’s management company. Any issues not reported by the client upon arrival, which are then reported by the Supplier/Principal during or immediately after your stay, will be your responsibility and will be deducted from the damages deposit. Photographic evidence of any damage seen on arrival or caused during your stay must be provided. Subject to any deductions for damage, a refund of the damages deposit will be made two weeks after the Services has been vacated by you.