|Terms of Business and Essential Booking Information
OUR TERMS OF BUSINESS
Essenelle Holiday Homes PVT trading as Lazydays in Goa
The White House, Hn 153/1, Diwan Bhatti, Arpora, Bardez, Goa. India 403518
We are committed to a policy of fair-trading and we shall make every effort to ensure that you have an enjoyable holiday with us. As lead booker, you must be 18 years of age or over and be a member of the party staying at the property booked. When you make a booking with us and we accept it, a legally binding contract is made with you. Your basic responsibility is to pay us the price of your holiday and accept the stated liabilities should you wish to alter or cancel any of the confirmed arrangements. Our responsibility is to provide you with the holiday you have booked. The terms and conditions below clearly spell out our obligation to you and your commitment to us, please read these and the carefully before you make a booking.
The contract is governed by Indian Law.
Providing Your Holiday
1. Our minimum holiday booking period is 3 nights with the exception of the Peak period when the minimum is 1 week. When we have received your Booking Form, and non-refundable deposit we send you a confirmation invoice, detailing exactly what is booked for you. At this stage Lazydays in Goa has accepted your booking in accordance with the terms laid down in these booking conditions. Please check your confirmation invoice carefully. You must contact us straightaway if any information appears to be incorrect as it may not be possible to make changes later. We are responsible for providing the holiday we have confirmed to you. If you cancel or alter your booking later on, you may have to pay an amendment charge. We reserve the right to refuse your booking. If we do this we will refund any money already paid to us.
Included in the property rental rate is a complementary transfer in an air-conditioned vehicle from the airport, train or coach stations to your villa at the start of the holiday. You will be met by a driver who knows the property and has a mobile phone to keep in contact with our team member who will be going to meet you there. The driver will be instructed to transfer you directly to the villa). If you require an additional taxi then the extra charges will be added to your final balance. (See Booking Information
Occupying/vacating your accommodation
The earliest check-in time is 3.00pm. In order that our properties are adequately prepared for new arrivals, we must ask you to vacate the villa by 12.00 pm on the day of your departure. When making your travel arrangements please consider these timings. Early arrival or late departure can
be booked subject to availability (see Booking Information
The latest check-in time is 7.00pm. We can accommodate arrivals after this time ONLY if you are using a Lazydays' driver who will hold the key.
Our Price Guarantee
All villa and apartment prices include the accommodation booked plus the complimentary services we provide (see Services
for details). Prices are guaranteed at the time of booking. We do, however, reserve the right to vary the published rates of any optional upgrade or additional taxi transfer rates 10 weeks before departure.
If We Have To Cancel Your
In the unlikely event that we have to cancel your holiday
through circumstances beyond our control, we shall make
every endeavour to offer you suitable alternatives (without
any charge to you). If the alternative is not acceptable
to you, you should notify us by return and we will refund
ALL monies paid. The above offer will not apply where
the cancellation by us arises out of non- payment or
late payment on any part of the cost of the holiday
when cancellation charges will apply.
Circumstances Beyond Our
Control "Force Majeure"
Lazydays in Goa shall not be liable for any loss or
damage arising from any matter outside the reasonable
control of the company, including (but not limited to)
Acts of God, War, Acts of Terrorism, Civil Disturbance,
Strikes or other Industrial Actions, Acts of Government
or failure of public supplies. For example telephone
and cable TV services, water and electricity supplies
and electricity voltage which can fluctuate and at times
may be insufficient to power air-conditioning units,
TVs and stereo equipment particularly during peak usage
periods i.e. 6-11pm. Neither is the company responsible
for communal swimming pools or noise or disturbance
originating beyond the boundaries of the holiday accommodation
or which is beyond the control of the company. We do
not accept liability where the performance and/or prompt
performance of our contract is affected or prevented
by reason of circumstance amounting to force
Many hotels, resorts and villa complexes in Goa are
continuing to develop sometimes rapidly and often with
little or no advance warning given. General property
refurbishment may also go on. If we consider any of
this work is likely to affect your holiday enjoyment
we will offer you a discount on the property rental
rate. If, however, in our opinion the work will substantially
affect your holiday we will offer you an alternative
property (refunding the price difference if we move
you to a cheaper alternative), or a full refund if you
choose to cancel.
Our Liability To You
We are not liable for any claims for emotional or psychiatric
injury or distress, loss or damage to your baggage,
and loss or damage or anything occurring from the results
of theft or attempted theft. Our maximum liability in
any claims will be limited to the cost of your holiday.
Our obligations, and those of our suppliers providing
any service or facility, should be to do so with reasonable
skill and care. Standards of, for example safety, hygiene
and quality vary. The services and facilities included
in your holiday will be deemed to be provided with reasonable
skill and care if they comply with any local regulations
which, or, if there are no applicable local regulations,
if they are reasonable when compared to the local standards
and customs. If any international convention applies
to or governs any of the services or facilities included
in your holiday arranged or provided by us, or provided
by any of our suppliers, and you make a claim against
us of any nature arising out of death, injury, loss
or damage suffered as a result of the provision of those
services or facilities, our liability to pay you compensation
and/or the amount (if any) of compensation payable to
you by us will be limited in accordance with and/or
in an identical manner to that provided for by the international
convention concerned (in each case including in respect
of the conditions of liability, the time for bringing
any claim and the type and amount of any damages that
can be awarded. If you choose to issue court proceedings
against us (subject to your compliance with our complaints
procedure) then you must do so within two years of your
return home. Other than that set out above and as detailed
elsewhere in these booking conditions we shall have
no legal liability whatsoever to you for any loss, damage,
personal injury or death which you suffer arising directly
or indirectly from any aspect of your holiday.
We do not claim that any villa or apartment is totally
child friendly or safe and care should always be taken,
especially around the pool areas (which are unfenced)
with supervision being given to children. We do make
efforts to ensure that reasonable care has been taken
to address matters within the borders of the properties.
Some villas are better suited than others for young
children and the less mobile, so we advise you to fully
investigate the suitability of the property before you
book. Many terrace walls are 90cms to 1 metre high,
whilst others may be less. There may also be roof terraces
with low walls that are not gated or blocked off. If
you have any concerns about the safety of your villa
please contact the local office immediately. Any genuine
problems brought to our attention will be dealt with
as quickly as is locally possible, if feasible. Many
single storey villas have a couple of steps inside them
and gardens may have some slight drops or slopes. Several
villas have staircases that can be steep and occasionally
have low head heights. Telephone us and ask us as many
questions as you want. If something is important to
you, then do not assume something but please ask us.
Despite our efforts and advice given, it is ultimately
your responsibility for the care and safety of the members
of your group. If an accident does occur, please complete
an Accident Report and give this to the house manager.
Third party suppliers
We do not accept any liability for the quality or type
of services or goods provided by our third party suppliers,
those whom we mention on our site or to whom we have
linked our Site. It is for you to make your own judgment
about the quality of such providers.
Dealing with complaints
Should you have a problem on your holiday, you must
complete a resort report and give this to our house
manager as soon as possible. We must be given an opportunity
to resolve any issues brought to our attention and reasonable
allowances should be made by you regarding the amount
of time taken to rectify the problem. Compensation payments
will only be considered where it is proven that any
reported problem had a prolonged or major impact on
the enjoyment of the holiday booked. It is unreasonable
to take no action whilst on holiday, but then write
a letter of complaint upon return. If you do not raise
concerns immediately, this may affect our ability to
investigate and take remedial action and it may impact
on the way your complaint is dealt with. If a problem
remains unresolved during your holiday you should make
a complaint to Lazydays in Goa within 28 days of the
completion of your holiday. We will receive a report
from the Goa Office and reply to you within 28 days
of receipt of your letter. We hope that we can settle
any holiday complaints amicably, however, should this
prove not to be the case, you may refer any dispute
relating to this contract to an Arbitrator appointed
by the Chartered Institute of Arbitrators. The scheme
provides for a simple and inexpensive method of arbitration
on documents alone, with restricted liability of the
client in respect of costs. The scheme does not apply
to claims which are solely or mainly in respect of physical
injury or illness. Details of the scheme may be obtained
from the Chartered Institute of Arbitrators.
The descriptions of villages and accommodation have
been compiled following personal inspection. We have
attempted to describe the accommodation on offer, but
due to the individuality of the properties, it is almost
impossible to cover every detail appertaining to each
one in a brochure description. Furthermore all of our
properties are privately owned and therefore furnishings
and equipment may be replaced or updated as the owners
think fit and this will not be reflected in a website
picture. We have also tried to describe the location
of the properties as accurately as possible. However,
village life goes on even if you are on holiday and
the quiet location we may have described could suddenly
become very noisy from local church or temple festivals
which are celebrated throughout the year. We are not
in a position to notify you of these specific festivals
or events. There may be occasions when an advertised
facility is modified or not available. Such situations
may be dictated by local circumstances, for example:
for maintenance, water shortages, unsuitable weather
conditions, fuel shortages, reduced power supplies and
other circumstances beyond our control. If we are advised
of any of these we will of course notify you as soon
as possible but we cannot be held liable in such circumstances.
It is also important to note that some facilities, such
as restaurants and communal pools may not operate at
all times in the season. We regret that we are unable
to cover every eventuality in our website descriptions
Telephone and Internet access
Unless otherwise stated, telephones are not provided
in our villas and apartments. Therefore we recommend
that, if possible, clients take mobile phones in case
of an emergency. Where the property has a telephone
and a fault develops, it can sometimes take a long time
to repair and does not form part of our contract with
you. We do not offer compensation if a telephone or
Internet connection is not working due to circumstances
beyond our control.
YOUR COMMITMENT TO US
- Booking Your Holiday
At the time of booking you, as lead booker, must complete the on-line booking form on behalf of yourself and all other persons on whose behalf the booking is made (including persons substituted or added by agreement) and pay a deposit of one third of the total property rental. When you send the booking form you are confirming that you understand and have accepted our booking conditions. Should you later cancel, cancellation charges will become payable in accordance with paragraph 5. We allow seven days from the receipt of your booking form for payment to reach us. If we do not receive it within this time, we will automatically release your reservation.
- Paying For Your Holiday
After your booking is confirmed and a deposit received, a confirmation invoice will be sent to you giving you details of the accommodation booked, dates plus the security deposit , any additional items booked and the total cost due showing applicable Goods & Services Tax. This confirmation invoice forms a contract between Lazydays in Goa Ltd and the person to whom it is addressed and is based on the understanding that you, on behalf of yourself and all the other persons on whose behalf the booking is made, have read and understood "Our Terms of Business." A full payment (and security deposit) is due not later than ten weeks before departure. We reserve the right to cancel your holiday (and invoke cancellation charges as detailed in paragraph 5) if payment is not received by the due date.
If you make a holiday booking within ten weeks of your departure date then you must pay the full cost of the holiday at the booking stage.
When you pay for your holiday with a Credit Card, we reserve the right to levy a handling charge. There is no charge for Debit Cards. Credit card or Debit card information is not stored in any retrieval system or storage system by the company. The client for all online payments is taken to the principal payment gateway site for completion of the transaction.
Overseas bank transfers will incur a charge of Rs.3000 to cover the collection charges.
- Security Deposit
- o A refundable security deposit of Rs.10,000 is required at the time the final balance is paid. This will be refunded within 14 days of your return by Account payee cheque at par less any deductions for loss or damage. The cheque will be sent by courier to your address given on the booking form.
- o We reserve the right to retain the security deposit either in part or in full to cover damage, theft or breakages. This may also include additional cleaning costs for spills, stains, etc. Receipts for repairs/replacements will be provided in the unlikely event that such retention of the security deposit is required. We reserve the right to pursue a guest for recompense for any and all damages caused which may exceed the value of the security deposit and will require payment within 14 days of being served notice of this
- o Failure to pay the security deposit by the due date may result in the cancellation of the booking and forfeit of all monies.
- Making Changes To Your Holiday
If you wish to change any details of your booking we will do our best to help, but give no guarantee in this regard and any alterations after the final balance has been paid (10 weeks before departure) will carry an alteration fee of Rs.1500 amendment. All alterations should be notified in writing by the person making the booking. Please make every effort to inform our Goa Office if there are any last minute changes to your arrival arrangements. If you fail to do this, any additional transfer costs will be charged locally.
- Cancelling Your Holiday
should you wish to cancel your booking once it has been accepted by us, we must receive written instructions from the person who made the booking to this effect. The cancellation will take effect from the day the written confirmation is received. If you cancel after we confirm your booking, you must compensate us for losses, as we incur costs from the moment you make the booking
The following scale of cancellation charges apply:
|More than 70 days before the start of the holiday
||Loss of non refundable Deposit
|Between 36-69 days
||Loss of 50% of total holiday cost
|35 days - start of holiday
||Loss of 100% of total holiday cost
We are unable to refund any Goods & Services Tax which has been added to the holiday invoice as this amount will have been deposited with the Government Treasury at the time the payment was made. For a refund of the Goods & Services Tax you have paid, you will have to apply direct to the Goods & Services tax.
We strongly recommend that you take out holiday insurance which covers against loss of deposit or cancellation fees.
- Our Accommodation
The holiday accommodation is booked exclusively for the persons named on the booking form. Pets/animals are not allowed. No other persons may use the accommodation without our express permission. The villas are booked for normal holiday use only. It is absolutely prohibited for you to allow prostitutes or engage in illegal or immoral activities within the private boundaries of the property. If we become aware of or are notified that you are involved in any such activities or you are behaving in such a way as to cause danger, distress or annoyance to others or damage property, your holiday arrangements shall be terminated by us. In this situation we shall have no liability to you and shall not be responsible for making any refund, paying any compensation or meeting any costs or expenses you incur as a result. Further, you must meet any expenses we incur as a result of your behaviour.
- REGISTERED GUESTS
Only those persons stipulated on the booking form may reside at the property as guests. Please notify us of any changes you wish to make. Should our property manager find that the people staying at the property differs from that on the booking form, the additional/substituted guest(s) will be subject to a per night surcharge or asked to vacate the property forthwith.
No camping permitted in the grounds of the property and no pets allowed.
Smoking is not allowed inside the bedrooms and bathrooms, though it is permitted outside on the terrace. Your co-operation is therefore requested and appreciated. The lead person is responsible for the conduct and appropriate behavior of all guests residing at the property. Should any guest(s) not behave in an appropriate manner our property manager has the absolute discretion to ask the offending guest(s) to vacate the property forthwith.
It is absolutely prohibited for guests to allow prostitutes, illegal or immoral activities within the private boundaries of the property.
Use of Property
All bookings are assumed to be for normal holiday purposes only, and the Guest agrees that the use of the Property will be limited to this purpose unless otherwise confirmed in writing.
If the Guest is planning to hold an event, such as a wedding or party, which involves having a larger number of people at the Property, or if the Guest is planning to use the Property for a purpose other than holiday, please communicate this to the owner at the time of booking, as special approval or arrangements may be required. Depending on the nature of the event, a surcharge and/or additional security deposit may be required, which will be agreed and confirmed in writing prior to confirming the reservation.
The price charged is for domestic use only and is not commercial. Accordingly this rate does not allow for extra wear associated with excessive functions in terms of cleaning, garbage removal, wear and tear, repairs etc. Commercial/large functions must be agreed upon in advance any associated fees paid prior to occupancy. Use contrary to this may result in additional payments, termination of rental and/or loss of bond.
All breakages or damages to the accommodation must be reported immediately and these must be paid for locally before vacating the villa or deducted from your refundable security deposit. We also reserve the right to charge for damage or breakages not reported and found after departure.