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 with Dr Fun Ltd (“Dr Fun Ltd”, “we” or “us”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “the client”, “guest”, “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:
● he/she has read these terms and conditions and has the authority to and does agree to be bound by them;
● he/she consents to our use of information in accordance with our Privacy Policy;
● he/she is over 18 years of age 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.
We are not a tour operator. We only provide serviced accommodation which we manage on behalf of private property owners. This means that when you make a booking with us, it will not be protected by The Package Travel and Linked Travel Arrangements Regulations 2018. This means it is expressly important that you read and understand all parts of these terms and conditions in relation to your booking, particularly in regard to your rights in various circumstances of amendment or cancellation.
As part of your booking our staff may provide you with a concierge service. The concierge service is provided free of charge as a convenience to you. You are not required to use this service and must make your own decisions about any other parts of your trip. If you choose to use this service, the concierge can, if you wish, help you to make other arrangements relating to your trip. This may include booking other tourist services provided by third parties. Where we do this we do so solely in the capacity of acting as your agent - your booking will be made directly with the third party supplier and will be subject to their terms and conditions.
If as your agent we take payment for such services for onward payment to the supplier, we uphold that you will pay no more than if you were to pay the supplier directly (based on the specific product at the specific time of confirmation). In all circumstances our involvement in any such bookings as your agent shall in no way infer that a package or linked travel arrangement as defined in The Package Travel and Linked Travel Arrangements Regulations 2018 has been made. As your agent, we accept no responsibility or liability for any information about the arrangements that we pass on to you in good faith, nor for the actual provision of the service by the third party. Our responsibilities are limited to making the booking in accordance with your instructions.
1. BOOKING ACCOMMODATION
An accommodation booking is made when you:
● complete and sign our Booking Form - be that in ink or electronically - and return it,
● we receive cleared funds for the full value of your deposit as stated on your booking information.
On receipt of this we will forward a booking confirmation to you. On receipt of your booking confirmation please check it carefully and report any incorrect or incomplete information to us immediately. Please ensure that all names detailed are exactly as stated in the relevant passport.
All correspondence to Dr Fun Ltd is to be addressed to: Dr Fun Ltd, 25 Vernon Avenue, Nottingham, NG11 7AE, UK.
2. ACCURACY OF DESCRIPTION
We endeavour to ensure that all of the information and prices displayed on our website are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
We strive to ensure accuracy of descriptions shown however we are not always able to control all the components of the booking arrangements and it is possible that an advertised facility may be withdrawn or changed.
3. PRICING
The price of your accommodation will be confirmed on booking. When you have booked and paid your deposit (or the full amount if due according to our payment terms), the price of your booking as shown on your confirmation invoice is guaranteed unless you elect to change the confirmed booking, and also in situations as defined in ‘Surcharges’.
4. SURCHARGES
In rare circumstances, we reserve the right to levy a surcharge after the confirmation of your booking in accordance with industry standard guidelines. However, we guarantee that no such surcharge would be applied within 30 days of your Departure Date. A surcharge would only occur as a result of cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in the currency exchange used to calculate your arrangements any or all of which may result in a variation of the price of your arrangements.
In the event that we require to levy such a surcharge, we will absorb and you will not be charged for any increase equivalent to 2% of the price of your accommodation, which excludes insurance premiums, additional service and any administration charges. You would, however, be charged for increases over and above that amount. If this means that you have to pay an increase of more than 10% of the price of your accommodation, you will have the option of accepting a change to another accommodation if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid (with the exception of monies taken on behalf of third parties where their own terms apply).
Should you decide to cancel your booking pursuant to the above condition, you must exercise your right to do so within 14 days from the date printed on the written notice of surcharge that we send.
6. PAYMENT TERMS
All booking agreements are made in UK Pounds Sterling (GBP) and payments are required according to the following schedule:
● 50% deposit on booking
● 50% balance payment at least sixty (60) days before your arrival date
If full payment is not received as cleared funds according to the payment schedule we reserve the right to cancel your booking in accordance with the relevant clause below. Payment can be made by Bank Transfer and we also accept most major debit / credit cards. We are unable to accept cash for any part of your booking - this includes services you may request / book through our concierge service whilst in resort.
For all payments by bank transfer the customer is liable for all bank charges arising from the transfer, this includes charges levied by our bank if you make payment in a foreign currency. Only the credited amount will be credited to your account.
For all payments by debit / credit card, there are no processing charges for customers based / using cards registered in the UK or EU, however, we reserve the right to levy a surcharge for card payments made from cards registered in other international destinations. In this case, we promise that the surcharge will be no more than the actual increased cost of processing the payment method as is charged to us by our bank or merchant. Whilst we reserve the right to vary this amount accordingly, this is typically 1.5%.
7. LINEN, TOWEL, ROOM AND VILLA CHANGES
As standard, linen, towels & bathroom products is changed weekly (every 7 days).
8. AMENDMENTS BY YOU
If you wish to make alterations to your booking after the contract is formed we will seek to accommodate your request, where it is reasonable to do so. Such changes are at the sole discretion of Dr Fun Ltd. Amendments must be confirmed in writing, signed by you or any authorised member of your group. They will come into effect on the day they are confirmed by Dr Fun Ltd. You agree to indemnify Dr Fun Ltd for any reasonable expenses incurred in making an amendment whether or not Dr Fun Ltd succeeds in confirming your request.
9. AMENDMENTS BY DR FUN LTD
We reserve the right to advise you of a change to your booking both before and after you make a reservation. An amendment made prior to departure which is deemed to be significant by Dr Fun Ltd (for example a change of dates or a change in accommodation standards) gives you the right to cancel the booking if you choose. Should you cancel in such circumstances you will receive a full refund.
Once your booking has started, Dr Fun Ltd will pay you a pro-rata refund for any part of your booking which, due to an amendment made by Dr Fun Ltd, cannot be taken.
Please note that Dr Fun Ltd cannot pay expenses, costs or losses incurred by you as a result of any change or cancellation and shall not be liable for any refund should Dr Fun Ltd be forced to cancel or change your booking due to circumstances amounting to Force Majeure (see the relevant clause below). We recommend that all guests have a comprehensive insurance policy in place to cover such events as is required and set out in ‘Travel Insurance’.
10. CANCELLATION BY YOU
If you choose to cancel your booking you must do so in writing and have clear confirmation of receipt by Dr Fun Ltd. Deposit payments (typically 50%) are non-refundable. Once the full balance has been paid, the following schedule will apply. The percentages shown are reflective of the full booking price where the full balance has been paid - these percentages do not relate to additional charges or third party services booked on your behalf.
Time before arrival date:
Greater than 60 days: 50% of total price
Please also note that where you wish to cancel services booked with a third party on your behalf, their terms will apply which may affect any refund that is available. Dr Fun Ltd accepts no liability for any losses you may incur in relation to third party services even where we have acted as your booking agent.
11. CANCELLATION BY DR FUN LTD
If you fail to pay the balance of the booking price or other sums owing before the due dates, we reserve the right to cancel your reservation with no refund to you.
12. OUR LIABILITY
We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
● the act(s) and/or omission(s) of the person(s) affected;
● the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
● unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
● an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
We limit the amount of compensation we may have to pay you if we are found liable under this clause in the following ways:
● Loss of and/or damage to any luggage or personal possessions and money. The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the applicable excess on your travel insurance policy because you are assumed to have adequate insurance in place to cover any losses of this kind.
● Claims not falling under the above or involving injury, illness or death. The maximum amount we will have to pay you in respect of these claims is the price paid by or on behalf of the person(s) affected in total.
It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves strictly in accordance with the complaints procedure set out in these conditions.
Where any payment is made, the person(s) receiving it must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
Please note we cannot accept any liability for:
● Any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or
● Any business losses.
We will not accept responsibility for services which 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 any supplier agrees to provide for you.
In cases of compensation or damage arising from non-performance or improper performance of the services involved in any of the company’s contracts, compensation for personal, including psychiatric injury and non-personal injury is limited by all relevant international conventions including but not limited to the Geneva Convention, the Montreal Convention and the Athens Convention.
No employee, representative, agent or officer of Dr Fun Ltd shall be authorised to commit Dr Fun Ltd to any admission of liability whatsoever and Dr Fun ltd shall not be bound by any such admission unless it is explicitly stated in writing and executed on behalf of Dr Fun Ltd.
13. YOUR RESPONSIBILITIES
As part of this contract you hereby agree to guarantee payment for any chargeable services requested by any member of your group before, during or after your booking.
We do not specialise in providing accommodation for persons with a disability, 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 allergies, medical conditions or disabilities 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 full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
All guests are responsible for securing/locking property doors on exit. If this requires any special actions, guests will be notified of this procedure on arrival at the property. Any guest not following this procedure will be liable for any uninsured losses arising from this negligence.
Please note that in catered villas the kitchens are classified as a technical area and for your own safety should not be entered unless accompanied by a member of staff.
For self-drive guests, please check when booking regarding the parking available at the property. Please note that some parking spaces may be reserved for staff use, especially where you are staying on a catered basis. Dr Fun Ltd accepts no responsibility for your vehicle and it is parked at your own risk. For self-drive guests, it is their own responsibility to ensure their vehicle is suitably equipped for travel.
14. TRAVEL INSURANCE
It is a condition of your contract with us that you and your party obtain suitable insurance, from a reputable provider, which must at least include the following:
● Emergency Medical Expenses including, amongst other costs; ambulance charges and repatriation
● Cancellation of your trip or Curtailment (cutting short your trip)
● Personal Liability to include, amongst other liabilities; damage caused by your negligence to the property in which you are staying and may not include a clause which restricts actions being taken against a travelling companion other than family
● Travel and transfer delays which must include amongst other costs; additional costs incurred in the event of a delay beyond your or our control
In the event that you fail to obtain suitable insurance we shall not be liable for any costs incurred or claims made against us due to your failure to comply with this term.
15. PASSPORTS, VISAS AND ESSENTIAL TRAVEL ADVICE
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your booking. We can only provide general information about this. You must check requirements for your own specific circumstances with the 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. 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. In addition, 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.
We do not accept any responsibility if you cannot travel, or incur any other loss because of restrictions upon you in your home country which may include but are limited to border restrictions and travel advice. If you are concerned that your home country may introduce any such restrictions prior to your booking, you should seek a separate insurance policy to cover your own financial risk.
16. BEHAVIOUR
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner. If in our opinion or in the opinion of any retreat 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 booking 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 villa manager or other supplier prior to departure from the villa. 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.
Dr Fun Ltd reserves the right to charge the card details which you provided on check in / deduct from any security deposit held in accordance with its rights under this clause.
Please note that smoking is strictly prohibited inside Dr Fun Ltd properties and is limited within the grounds of our properties. You will be informed of the designated smoking location when you check in - smoking in any other location is prohibited. Ashtrays are provided and must be used. We reserve the right to levy an additional cleaning charge for cigarette/cigar butts/ash that has not been disposed of correctly.
17. CHECK IN & CHECK OUT TIMES
Please note that check in time is 17:00 and check out is 09:30.
18. FACILITIES
Guests staying in villas with swimming pools, hot tubs or other spa facilities, use them at their own risk and Dr Fun Ltd can accept no responsibility for accidents/injuries whilst using these facilities. In the interest of hygiene all guests are asked to shower before using these facilities. Guests are advised not to use these facilities if you:
● Suffer from heart disease or circulatory problems.
● Suffer from an infectious skin disease, sores or wounds.
● Are pregnant (or seek medical advice before using the facilities).
● Are taking anticoagulants, antihistamines, vasodilators, vasoconstrictors, stimulants, hypnotics, narcotics or tranquilisers or any other medications.
Dr Fun Ltd do not provide lifeguards and no members of the retreat team are trained nor qualified to act as such.
19. WHERE WE ACT AS AN AGENT – ALL SERVICES BOOKED THROUGH OUR CONCIERGE
If you choose to engage our concierge services, any services suggested or booked by our team will solely be done so in the capacity of an agent. This may include but is not limited to:
● Transfers
● Classes &/ or workshops
● Restaurant Bookings
● Any other reservations or purchases made on your request
In all cases, it is your responsibility to ensure that correct information concerning your requirements is passed to the supplier and that you verify and accept the service proposed by the supplier. The supplier’s terms and conditions may limit and/or exclude the supplier’s liability to you. It is your responsibility to request and review their terms prior to instructing the booking, whether you do that directly, or through us as your agent.
20. ANY PROBLEMS
If you are ever unhappy with any aspect of your booking, you must address your complaint immediately to both the retreat manager and the local service provider. Failure to contact the retreat manager, or local service supplier whilst in resort, may affect your rights under this contract.
In the unlikely event that your problem cannot be resolved locally, you must inform Dr Fun Ltd in writing of your complaint within 28 days of your return so that any rights to compensation can be examined.
21. FORCE MAJEURE
Except where otherwise expressly stated in these booking conditions, we will not be liable or pay you a refund 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, epidemics or pandemics, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather conditions and all similar events outside of our own or the relevant supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
22. GENERAL
Headings within these booking conditions are for reference purposes only. These booking conditions and any matters arising from them are exclusively 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 subject to the exclusive jurisdiction of the Courts of England and Wales.