Skip to main content

Terms & Conditions

1. Your Booking

1.1 Your confirmed booking is a limited licence granted to you by the Host to enter, occupy, and use the Property for the duration of your stay. A confirmation email with the location and dates of your stay will be sent to the email address provided by you. If you have any problems concerning the Property during your stay, you should notify the Host by email.

1.2 Any terms and conditions concerning the Property presented to you prior to booking, including, without limitation, villa details and rules, are incorporated by reference into this Agreement in their entirety.

 

2. Payments and Security Deposit

2.1 All applicable fees in connection with booking the Property, including accommodation fees, service fees, hospitality fees, any applicable taxes, and any fees in the property details and rules (collectively, “Fees”) are presented prior to booking, and you accept such Fees when you confirm your booking. The total for all Fees is due at the time of booking and will be charged to the payment method you authorized in the booking process (“Payment Method”), unless otherwise specified prior to booking.

2.2 Your Payment Method will act as collateral for any losses or damages to the Property (including its contents) caused by you during your stay, and for any unpaid amounts owed under this Agreement in connection with your stay

 

3. Use of Property

3.1 You are responsible for compliance with any and all laws, rules, and regulations that may apply to your use of the Property during your stay, including, without limitation, as may apply to the residence, grounds and equipment. You acknowledge and agree, and will procure that any individuals whom you invite (or otherwise provide access) to the Property acknowledge and agree, to the following requirements:

  • You will ensure that the Property and all furniture, fixtures, and effects remain in the condition and location as when you arrived. You will also follow any house manuals Host may present to you at the Property.
  • You cannot carry out any illegal activity at the Property, or any activity that could be reasonably considered a nuisance to the Host or the occupants of neighbouring land.
  • You cannot exceed the maximum number of guests specified for the booking without prior written approval of Host.
  • Parties, weddings, receptions, and other such functions which draw additional neighbourhood traffic are only allowed with prior written approval of Host.
  • Any use equipment, fireplaces, and/or any other features of the Property are entirely at your own risk. You acknowledge that children should be supervised at all times.
  • Pets may be allowed with prior approval of Host.
  • You must meet any minimum age requirements specified in the listing, except as otherwise required by law. By making this booking, you represent and warrant that you are a guest and meet any such age requirement.
  • You agree to arrive at the Property no earlier than the check-in time and leave the Property no later than the check-out time presented prior to booking unless approved by Host in writing.

 

4. Booking Cancellations, Refunds, and Modifications

4.1 You can cancel a confirmed booking subject to the applicable cancellation and refund policies presented below:

  • More than 30 days before arrival – 100% refund
  • Between 15 and 30 days before arrival – 75% refund
  • Between 7 and 15 days before arrival – 50% refund
  • Less than 7 days before arrival – 0% refund

The timing to receive a refund will vary based on the payment system (e.g., Visa, MasterCard, etc.) rules. You are urged to obtain travel insurance for protection against, among other things, your inability to make the trip contemplated by this Agreement.

4.2 Any change to a booking, including, without limitation, an increase or decrease in the number of guests or duration of your stay, or exceptions to Property use restrictions, requires the prior approval of Host and is subject to any additional fees and conditions that Host may require. Any prohibited use of the Property can result in immediate termination of this Agreement and the booking, per Section 10.4 of this Agreement and the property details and rules presented prior to booking, as applicable.

 

5. Damages

5.1 You are solely responsible for all damages, liabilities, injuries, losses, and fines in connection with the occupancy or use of the Property caused by you or any individuals whom you invite (or otherwise provide access) to the Property.

5.2 If the Host claims and provides evidence that you, anyone in your booking party, or any invitee of anyone in your booking party, has: 1) caused damage to the Property; 2) caused damage to any personal property at the Property; or 3) caused the Host to incur other losses or fines (e.g., for violation of local noise ordinances), we will use reasonable efforts to notify you at the email address you provided and discuss with you. If the claim of damages, liability, loss, or fines is deemed valid by us under consideration of any applicable statutory rules on the burden of proof, you agree that your Payment Method may be charged. You agree that your Payment Method may be charged up to the amount of the damage claim. Payment may otherwise be collected from you or any other remedies available to us and our Affiliates in situations in which you are responsible for a damage claim.

 

6. Force Majeure

6.1 The Host shall not be liable for any default or delay in the performance of their respective responsibilities under the Agreement if and to the extent such default or delay is caused, directly or indirectly, by fire, flood, earthquake, hurricane, tornado, drought, ocean phenomena, elements of nature or acts of God, riots, strikes, civil disorders, acts of war, quarantine restrictions, epidemics, pandemics, or any other cause beyond the reasonable control of such party.

 

7. Limitation of Liability

7.1 Unless you reside in the EEA or UK, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your booking, your stay at the Property, your interaction with the Host, or your participation in any third-party services remains with you. You represent and warrant that you have authority to enter into this Agreement on behalf of your entire booking party, including this limitation of liability. Neither us nor our Affiliates (nor any of our respective shareholders, directors, employees, agents and representatives, individually and collectively) will be liable for any delays, accidents, loss, damage, or injury, including without limitation any incidental, special, exemplary, or consequential damages, suffered by you, Host, any individuals whom you invite (or otherwise provide access) to the Property, or any other person in connection with or incidental to booking or use of the Property. Neither us nor our Affiliates (nor any of our respective shareholders, directors, employees, agents and representatives, individually and collectively) are responsible or liable in any way for managing or maintaining the Property or for the actions or faults of you, Host, or any other third party involved in your stay at the Property (including any provider of Additional Guest Services). The foregoing applies whether or not we have been informed of the possibility of such damage and even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so that limitation may not apply to you.

7.2 Unless you reside in the EEA or UK, to the maximum extent permitted by law, in no event will the aggregate liability of The Watkins Group Ltd and our Affiliates arising out of or in connection with this Agreement and the booking and use of the Property exceed the greater of the amounts you have paid to us in connection with the booking or one hundred Pounds Stirling (£100).

7.3 If you reside in the EEA or UK, we are liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. We are liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of us in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of ours is excluded.

 

8. Indemnification

8.1 You agree to release, defend (at our option), indemnify, and hold the Host harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of this Agreement, (ii) your improper use of the Platform or any of our services, (iii) your interaction with the Host or a third party, your stay at a Property, or participation in or use of any service or product/equipment owned or facilitated by Host or a third party, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, or (iv) your breach of any laws, regulations, private agreements or third party rights. If you reside in the EEA or UK, the indemnification obligation according to this Section 8 only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.

 

9. Dispute Resolution and Arbitration Agreement

9.1 The Parties agree to use commercially reasonable and good faith efforts to promptly resolve any disputes related to this Agreement prior to initiating arbitration or litigation.

9.2 This Agreement will be governed by and interpreted in accordance with British law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the British courts. Legal proceedings that you bring against The Watkins Group arising from or in connection with this Agreement may only be brought in a court located in the United Kingdom or a court with jurisdiction in your place of residence. If we wish to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the British courts.

9.3 The Parties acknowledge and agree that they are each waiving the right to a trial by jury as to all arbitrable disputes.

9.4 The Parties acknowledge and agree that they are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disputes arising under this Agreement. Further, unless both Parties otherwise agree in writing, the arbitrator may not consolidate more than one Party’s claims and may not otherwise preside over any form of any class or representative proceeding.

 

10. General Terms

10.1 As used in this Agreement, the following defined terms apply:

  • “Affiliate” means any present or future entity controlling, controlled by, or under common control with a Party.
  •  “Host” The Watkins Group Ltd or entity authorized to act on behalf of Host (e.g., property management company) of the Property.
  • “The Watkins Group Ltd Entities” means The Watkins Group Ltd and its Affiliates, and each of their shareholders, directors, employees, agents and representatives, individually and collectively.
  • “Party” means The Watkins Group Ltd and you individually, and both may be referred to as “Parties.”
  • “Platform” means the Cardilets website, including any subdomains thereof, and any other websites through which The Watkins Group Ltd makes its services available, any mobile, tablet and other smart device applications and application program interfaces, and all associated services.

10.2 Unless specified otherwise, notices under this Agreement shall be delivered: (a) to The Watkins Group Ltd, Building 1, St Cross Chambers, Upper Marsh Lane, Hoddesdon, Hertfordshire, EN11 8LQ; (b) to you via email, a Platform notification, or messaging service. For notices made to guests residing outside of Germany and France, the date of receipt will be deemed the date on which The Watkins Group Ltd transmits the notice.

10.3 If any provision of this Agreement is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. This Agreement, including all terms and conditions incorporated by reference, constitutes the entire agreement of the Parties relating to the subject matter and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

10.4 We may terminate this Agreement and cancel any pending or confirmed bookings at any time by giving you thirty (30) days notice via email to your registered email address and by providing a full refund of all payments made to The Watkins Group Ltd at the time of the cancellation. We may immediately, without notice, terminate this Agreement and cancel any pending or confirmed booking (including without limitation during your stay) if (i) you have materially breached your obligations under this Agreement or the Platform Terms, (ii) you have violated applicable laws, regulations or third party rights, or (iii) we believe in good faith that such action is reasonably necessary to protect the personal safety or property of Host or other third parties. Any term or condition which by its nature is clearly intended to survive the expiration or termination of this Agreement, shall survive any expiration or termination of this Agreement.

10.5 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without our prior written consent. We may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at our sole discretion, with 30 days prior notice.