Just Provence is a trading name of Emotional Escapes Ltd (hereafter referred to as ‘Emotional Escapes’, ‘We’, ‘Us’ or ‘Our’) whose business address is West Gate Lodge, Cams Hall Estate, Fareham, Hampshire PO16 8UP. Emotional Escapes is registered in England & Wales, Company No. 8201885. Emotional Escapes promotes short-term rental accommodation on behalf of the accommodation Owners. We also organise and handle the booking on the Owner’s behalf. This Agreement is divided into two sections:
- Section A forms the basis of Emotional Escapes’ contract with you for arranging the supply of accommodation.
- Section B forms the basis of the Owner’s contract with you for the supply of their accommodation.
A. Conditions of Agency Booking with Emotional Escapes Ltd
1. Your booking:
a) Emotional Escapes acts as agent for the Owners of the accommodation We promote. We do not supply the accommodation and do not accept responsibility for the provision of the accommodation by the Owner or for the acts or omissions of any supplier(s) or other person(s) or party(ies) connected with the accommodation.
b) When you make a booking request, We contact the Owner to confirm that their accommodation remains available for the period in question. If available, We will contact you to confirm both availability and the total rent payable for the period requested. You can secure the booking by completing and submitting the Booking Validation form and paying a deposit. Bookings are confirmed on a first-come, first-served basis upon receipt of the rental deposit.
2. Paying for your accommodation:
Emotional Escapes collects the Rent on behalf of the Owner. Your reservation will not be secure until We receive the 30% deposit payment, which must be paid within 7 days of your booking validation. When Emotional Escapes receives this sum We will send you confirmation of the booking by email, showing your reservation details. Please check your confirmation carefully and report any incorrect or incomplete information to Us without delay. Note that, if you book less than 12 weeks before the arrival date, payment of the total cost is due to secure the booking. We will send you a Final Account by email 8 weeks before the rent start date. This balance payment must be paid within 7 days. If We don’t receive this balance in full and on time We reserve the right to treat your booking as cancelled by you, in which case the cancellation charges set out in clause 6 below will become payable. We will make every effort to make contact with you before taking such action.
3. Cancellations or changes to your reservation by Us:
Sometimes problems occur and Owners have to make alterations to reservations or cancel confirmed reservations. If this does happen, We will contact you as soon as reasonably practicable, explain what has happened and inform you of the cancellation or the change and the options open to you as offered by the Owner. After that, We will have no further responsibility to you in respect of such change or cancellation.
4. Accommodation descriptions:
We aim to ensure that the information provided by Owners is accurately conveyed or advertised by Us. There may be small differences between the actual accommodation and its description, as both We and the owners are always seeking to improve services and facilities.
Whilst every effort is made to ensure the accuracy of printed material at the time of publication, regrettably errors do occasionally occur. Please note, the information and prices shown on Our website or in any printed material are subject to change. You must therefore ensure you check all details of your chosen accommodation (including the price) with Us at the time of booking.
5. If you need to change your reservation:
If you need to amend a confirmed booking, please contact Us in writing as soon as possible. We can’t guarantee that We will be able to accommodate your request, but We will try to do so. However, it is important to realise that We may have to treat requests for changes of accommodation and/or dates as the cancellation of one reservation by you, and the booking of another. In such cases cancellation charges may be incurred which may be as much as the total cost of your reservation. By entering into this Agreement you agree that the cancellation charges detailed in the Owner’s Conditions in clause 6 of section B of this Agreement will be payable.
6. If We cancel or make changes to your reservation:
a) We would not expect to have to make any changes to your reservation, but sometimes problems occur and We do have to make alterations and/or correct errors. If this does happen, Emotional Escapes will contact you as soon as reasonably practical, explain what has happened and inform you of the cancellation or the change. Most changes are minor but, occasionally, We may have to make a ‘significant change’. Examples of ‘significant changes’ include the following when made before arrival:
-a change of accommodation area for the whole or a major part of your holiday,
-a change of accommodation to that of a lower official classification for the whole or a major part of your holiday or the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period.
b) If We have to make a significant change or cancel, We will if possible and as soon as reasonably practicable, arrange alternative accommodation of similar type and standard in a similar location for the same or similar time of year (though Emotional Escapes reserves the right to charge you any difference in price if the alternative is advertised at a higher price than the original accommodation). Emotional Escapes will notify you of the alternative. If the change or the alternative accommodation is acceptable you must inform Emotional Escapes within 48 hours of you being advised of the change or proposed alternative accommodation; otherwise We will treat your booking as cancelled and refund any money you have paid Us. The above options will not be available if We make a minor change or cancel as a result of your failure to make full payment on time. We regret We cannot pay expenses, costs or losses incurred by you as a result of any change or cancellation. If a change or cancellation occurs because of circumstances beyond Our control, or ‘force majeure’ (see clause 8), no compensation, costs, expenses or any other sums, including the cost of securing alternative accommodation, will be paid by Us, but We will refund all monies you have paid to Us.
c) Very rarely, We may be forced by “force majeure” (see clause 8) to change or terminate your arrangements after arrival. If this situation does occur, We regret We will be unable to make any refunds (unless We obtain any from Our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
7. Breakages & damages:
If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify Emotional Escapes for the full amount of any claim (including all legal costs) made against Us by the accommodation provider or any third party as a result of your breach of any part of this contract.
If you have any complaints concerning the services We or the accommodation supplier provide to you, you must inform Us straight away in writing and in any event within 14 days of the end of the stay in the accommodation booked through Us. Although We have no responsibility for the accommodation you book through Us, We will act as an intermediary between you and the Owner of the accommodation in respect of any complaints associated with it and We are entitled to represent and act on behalf of the Owner in the event of any dispute.
Our maximum liability to you if We are found to have been at fault in relation to the booking service We provide (as opposed to the accommodation itself) is limited to the commission We have earned or are due to earn in relation to the booking in question. We do not exclude or limit any liability for death or personal injury which arises as a result of Our negligence or that of Our employees whilst acting in the course of their employment.
You are strongly recommended to take out personal travel insurance for all members of your party. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please read your policy details on receipt and take them with you on holiday.
10. Special requirements:
If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant Owner but We cannot guarantee that requests will be met.
11. Law & jurisdiction:
In all cases Section A of this contract is subject to English law and the jurisdiction of the Courts of England and Wales.
B. Conditions for the Supply of Accommodation by the Owner of that Accommodation
The following conditions form the basis of your Agreement with the Owner or supplier of the accommodation in question. References to ‘We’, ‘Us’ or ‘Our’ in these conditions mean that supplier or Owner.
Changes and errors sometimes occur. We reserve the right to amend the advertised prices of accommodation at any time. We also reserve the right to correct errors in both advertised and confirmed prices.
3. Making a booking and payment:
When you make a request to Emotional Escapes to book Our accommodation, you must pay a deposit. The amount of this deposit is clearly indicated on the Booking Form. If you make a request to book Our accommodation within 12 weeks of your arrival date the full cost of the rental is required to secure the booking. The first named person on the booking will be the party leader and will be responsible for making all payments due to Us. He/she must be at least 18, and be authorised to make the booking on the basis of these Booking Conditions by all the persons on the booking. By placing the booking, the party leader confirms that he/she is so authorised and that all party members agree to be bound by these Booking Conditions. Your booking is confirmed and a contract exists when Emotional Escapes dispatches to you a Booking Confirmation on Our behalf. Please check your confirmation carefully and report any incorrect or incomplete information to Emotional Escapes immediately.
The balance of the cost of your accommodation is due on the date detailed on your confirmation invoice. If Emotional Escapes does not receive this balance in full and on time, We reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 6 below will become payable.
Please note that We may not permit large single sex parties or groups wholly made up of adults under 25 years old, so please discuss your party make-up with an Emotional Escapes sales consultant before booking.
By entering into this Rental Agreement you are contractually bound to pay for the accommodation in full. In order to protect you (and Us, the Owner) against unforeseen circumstances, holiday insurance is highly recommended. You should purchase an insurance package that provides you and you party members with adequate cover, including cover against the cost of cancellation by you, and assistance (including repatriation) in the event of accident or illness. It is your responsibility to check that the insurance you take out is appropriate to your needs.
5. If you want to change your booking:
Once you have received confirmation of the booking, any requests for changes must be sent to Emotional Escapes in writing by the person that made the booking. Where appropriate We will do Our best to accommodate the changes. Paragraph 5 of Part A of this Agreement sets out the conditions upon which changes can be made.
6. If you want to cancel your booking:
If you have to cancel your reservation you must telephone Emotional Escapes on the number shown on your booking confirmation as soon as the reason for cancellation occurs. You must also confirm your cancellation in writing sent immediately to Emotional Escapes Ltd, West Gate Lodge, Carns Hall Estate, Fareham, Hampshire, PO16 8UP. The day Emotional Escapes receives your telephone or email notification of cancellation is the date on which your reservation is cancelled. In the event of cancellation you should contact your insurance provider. Whatever the reason for cancellation, a cancellation charge will be payable to Emotional Escapes based on the number of days before the arrival date Emotional Escapes receive your cancellation, as shown in the following table. This means that if you have paid the balance of the cost and then have to cancel, you may receive a refund of part of the cost. However if you have not paid the total cost including, where purchased, the premiums for any insurances by the time of your cancellation, you may be required to make a further payment to Us.
For the purpose of this table, cost means the total cost of the reservation, including any extra items:
|Number of days before arrival date that
notification of cancellation is received:
|More than 90 days||Full deposit|
|89 days or less||100% of cost|
If any payment due in relation to the reservation is not paid by the appropriate date, We can treat your reservation as cancelled by you and charge you cancellation charges as set out above which can be as high as the total cost of the reservation. Emotional Escapes normally sends out a reminder to you before cancelling your reservation.
7. If We need to cancel or make changes to your booking:
In the unlikely event that We need to cancel or make changes to your booking We will notify Emotional Escapes immediately. Please refer to Paragraph 6 of Section A of this Agreement for a full explanation.
8. Force majeure:
In these Booking Conditions, “force majeure” means any event which Emotional Escapes or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside Our control. Except where otherwise expressly stated in these booking conditions, We regret We cannot accept liability or pay any compensation where the performance or prompt performance of Our obligations under Our Agreement with you is prevented or affected by or you otherwise suffer damage or loss (as more fully described in clause 9(a) below) as a result of force majeure.
9. Our responsibility for your booking:
a) We promise that your accommodation will be made, performed or provided with reasonable skill and care. This means that We will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient and that is the result of the failure of ourselves, Our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your accommodation. We will only be responsible for what Our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work We had asked them to do. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against Us.
b) We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from:
-the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party, or
-the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable, or ‘force majeure’.
c) We limit the maximum amount We may have to pay you for any claims you may make against Us. For all claims which do not involve death or personal injury, the maximum amount We will have to pay you if We are found liable to you on any basis is the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where you have received no benefit whatsoever from this Agreement.
d) We will not accept responsibility for services or facilities that do not form part of Our Agreement or where they are not advertised, including but not limited to any excursion you book whilst away, or any service or facility which any other supplier agrees to provide for you.
e) The standards and regulations of the country in which the facts giving rise to your claim or complaint occurred and the promises We make to you about your arrangements, will be used as the basis for deciding whether the arrangements in question were provided with reasonable skill and care.
When you book the accommodation, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in Our reasonable opinion, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, We shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated.
11. Your accommodation:
a) You can arrive at your accommodation after 16.00 hours on the start date of your rental period and you must leave by 10.00 hours on the last day. If your arrival will be delayed, you must contact Us so that alternative arrangements can be made. If you fail to do so you may not be able to gain access to the accommodation. If you fail to arrive by midday on the day after the start date and you do not advise Us of a late arrival We may treat the booking as cancelled by you.
b) You agree to keep the accommodation clean and tidy, and leave the accommodation in a similar condition. You are responsible to Us (the Owner) for the actual costs of any breakage or damage in or to the accommodation, along with any additional costs that may result, which are caused by you or your party, and We can require payment from you to cover any such costs.
c) We require you to pay Us a breakage deposit before the rental commences. We will not grant you entry to the accommodation until such damage deposit has been provided. We will refund this as soon as reasonably possible after the rental period assuming you or your party have not caused damage or loss and the accommodation has been left clean and tidy.
d) We are entitled to refuse to hand over to you, or to repossess, the accommodation if We reasonably believe that any damage is likely to be caused by you or your party or if damage has been caused.
e) You cannot allow more people than the description states to stay in the accommodation, nor can you significantly change the makeup of the party during the duration of your stay in the accommodation, nor can you take any animals into the accommodation without prior agreement. If you do so, We can refuse to hand over the accommodation to you, or can repossess it. We will treat any of these circumstances as a cancellation by you and Section 6 will apply. You must allow the Owner or any representative of the Owner access at any reasonable time during your stay.
Every effort has been made to ensure that you have an enjoyable and memorable holiday. If however, you have any cause for complaint We are anxious that remedial action is taken as soon as possible. It is essential that you contact the designated person as detailed by Emotional Escapes immediately if any problem arises so that it can be speedily resolved. It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless We or Our agent or representative is promptly notified. Discussion of any criticisms with Us or Our representative whilst you are in residence will usually enable shortcomings to be rectified straightaway. In particular, complaints of a transient nature (for example, regarding preparation or heating of the accommodation) cannot possibly be investigated unless registered whilst you are in residence.
If you cannot make contact with Our representative, or if the complaint is more complicated, you should telephone Emotional Escapes direct. The telephone is manned throughout the season between 08.30 and 16.30 UTC Monday to Friday.
If, after this, you feel that the problem has not been resolved to your satisfaction, then you must, within 14 days of returning from your holiday, put your complaint in writing and send it by recorded delivery to Emotional Escapes at their registered address. This procedure is designed to ensure the speediest possible investigation and rectification of complaints. Please help Us help you by following this procedure, as otherwise We cannot subsequently consider any complaints nor enter into any correspondence about them and this may affect your rights under this contract. At all times, Emotional Escapes are entitled to represent and act on Our behalf in the event of a dispute.
13. Accuracy of prices:
a) Important note: Although We make every effort to ensure the accuracy of the information and prices at the time of being advertised, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with Emotional Escapes at the time of booking.
b) Occasionally, problems mean that some facilities or services become unavailable, and if this is the case We will tell you as soon as reasonably practicable after We have been made aware of the situation. We cannot accept responsibility for any changes or closures to area amenities or attractions mentioned on the Emotional Escapes website, by Emotional Escapes’s Holiday Advisors or if advertised elsewhere.
14. Special requests
If you wish to make a special request, you must do so at the time of booking. We cannot guarantee that requests will be met, but We will always do Our best. The fact that a special request has been noted on your confirmation invoice or any other documentation is not confirmation that the request will be met.Failure to meet any special request will not be a breach of contract on Our part unless the request has been specifically confirmed. English law alone will apply to Our Agreement and to any dispute or claim which arises between Us out of it. Any such dispute or claim must only be dealt with by the Courts of England and Wales.