terms & conditions

BOOKING TERMS AND CONDITIONS

Use of the La Manga Direct (LMD) (“we”, “us”, “Lamangadirect.co.uk”) Web Site (“the site”) constitutes acceptance of the LMD User Agreement (“the agreement”) and Terms of Use (“terms”). The user of the site (“you”) represent that you have read and understood these terms and agree to be bound by them. If you do not agree to all the terms and conditions on this page, please do not use this web site. Use of any internal or external links on LMD constitutes acceptance of the terms on this page. If you do not agree with these terms, please exit this site by closing the browser window. The terms “La Manga Direct”, “Lamangadirect.co.uk” encompass the La Manga Direct Internet Site and La Manga Direct Marketing Communications.

In order to use this site you must agree to be legally bound and to abide by the terms and to indemnify and hold LMD harmless from all alleged or actual damages, claims and expenses relating to any warrant, guarantee or representations made by the individual merchants or linked sites. This also includes, without limitation, attorney’s fees. The use of this site for any reason is deemed to be an agreement of this condition.

Disclaimers Bearing in mind that this is a free “public access” site, it is a condition of use of the site and the materials in it that use is at the user’s own risk. Neither LMD nor any of the site’s editors or contributors shall be liable for any loss or damages suffered as a result of any use of the site, including but not limited to direct loss, consequential loss and loss of profits. We do not assume, and therfore disclaim, any liability for any loss or damage caused by errors or omissions. LMD is provided on an “as is” and “as available” basis. We shall not be liable for any direct, indirect, incidental, special, or consequential damages. This includes, without limitation and even if we are advised of the possibility thereof, any damages for loss of goodwill or any and all other commercial damages or losses including loss of profit, that result from the use of, or inability to use LMD. The user agrees NOT to rely on any information obtained from LMD and indemnifies LMD from mistakes, omissions, errors, interruptions, delays of service or performance, defects, harmful components, viruses and bugs, howsoever caused. It is the user’s duty to execute anti-contamination or virus software and ensure that any information, if contaminated or infected, will not damage the user’s information or system. The entire risk as to the use of LMD is with the user. LMD is not responsible or liable for telephone, network, ISP, electronic, computer or other communication problems or failures of any kind. Personal information sent to LMD is at the senders own risk.

Please note that we are unable to guarantee to be able meet golf, tennis and Junior Club requirements.

Indemnity In order to use this site you must agree to be legally bound and to abide by the terms and to indemnify and hold LMD harmless from all alleged or actual damages, claims and expenses relating to any warrant, guarantee or representations made by the individual merchants or linked sites. This also includes, without limitation, attorney’s fees. The use of this site for any reason is deemed to be an agreement of this condition.

Availability of Service We do not warrant or guarantee that the LMD website will be uninterrupted or error-free. We do not make any warrant or guarantee, either expressed or implied as to the accuracy, validity, completeness, suitability, reliability, or currency of any information content within its site or sites to which it is linked to.

Links and Site Content Links to other web sites are provided solely as a resource guide and do not represent an endorsement or guarantee, either expressed or implied. LMD does not assume any liability for any of the products, services, or data of any other sites. LMD is a facilitator of links to the content of other sites and as such has no editorial control over the content of such linked sites in the same manner that a public library has no control over the content of the books that it distributes. It is the responsibility of the user to evaluate the information, opinion, advice, or other content contained within the site. We cannot be held responsible or liable for any loss or damage due to reliance on information obtained through LMD. This site has not verified, reviewed or approved all linked sites and makes no representation warrant or guarantee as to any such sites accuracy or suitability.

Serverance If a term, covenant, provision, or condition of this agreement becomes, or shall be held by any court of competent jurisdiction to be against public policy or illegal, all remaining provisions of this agreement shall remain in full force and effect and unaffected, impaired or invalidated by this decision. The invalidated item shall be modified by the parties to the full extent possible to carry out all the intentions and directives stated in this agreement.

Governing Law Any such contract will be interpreted, construed and enforced in all respects in accordance with the laws of England, and you and LMD irrevocably submit to the non-exclusive jurisdiction of the English Courts. This agreement is governed by English law and all disputes will be handled solely in the United Kingdom. English Courts will have jurisdiction in respect of it. You consent to such venue and jurisdiction. LMD controls and operates its Web site from its offices in Oxfordshire, United Kingdom and makes no representations or warranties that its content or use is legal in other locations.

Variation Whilst it is not our intention to do so, LMD reserve the right to change its policies and terms at any time. Any such changes will be posted on this page. We do not assume, and therfore disclaim, any liability for any loss or damage caused by errors or omissions.

Please Note: LMD is NOT associated with other companies who own similar sounding names.

Contract of Hire The hiring contract will be between you the Hirer and the Owner of the property for which the booking is made and shall be deemed to be made subject to these Conditions of Hire. The contract is for the hire of the property for holiday purposes only. LMD act as Agents for owners, and are not Principals. The Contract of Hire is not effective until LMD despatch to the Hirer written confirmation of the booking.

Intial payment Bookings will be confirmed upon receipt by LMD of the required deposit payment. However, if the booking is made within EIGHT weeks of the holiday commencement date, the full accommodation rental will be required.

Balance Payment The Balance of the Hire will be due for payment EIGHT weeks before the holiday commencement date. LMD reserves the right to cancel a holiday where full payment has not been received less than 35 days before the holiday commencement date.

Credit Cards Payments for holiday bookings made by credit card are subject to a bank charge (2% up to £1,500, 1.5% from £1,501).

*Confirmation of a BOOKING * Once LMD has issued a ‘Confirmation of Booking’, either by post or email, the Hirer is responsible for the total published price of the property and extras as shown on the confirmation.

Amenities The use of accommodation and amenities, where offered, such as swimming pools, tennis courts or fishing lakes etc. is entirely at the user’s risk, and no responsibility can be accepted for injury, or loss or damage to user’s or visitor’s belongings.

Party Make Up and Numbers Under no circumstances may more than the maximum number of persons, as stated on the website, occupy a property. Owners reserve the right to refuse admittance or eject customers if this condition is not observed. In addition, LMD and the owners reserve the right to refuse or revoke any bookings from parties that may in their opinion (and at their sole discretion) be unsuitable for the property concerned.

Hirer’s Responsibilities The Hirer is responsible for the property and is expected to take all reasonable care of it. All equipment, utensils, etc. must be left clean and the property must be left clean and tidy at the end of the hire period.

Damage All damages, breakages and moving of furniture are the legal responsibility of the Hirer, and their cost(s) shall be refundable on demand. However, minor damage or breakages will not normally be charged but we do reserve the right to charge bad tenants for extra cleaning, breakage or damage and may refuse future bookings.

The Holiday Home Owner reserves the right to reposess the Holiday Home at any time, where the Hirer or any member of the Hirer’s party has caused damage. The Holiday Home Owner shall not be liable to make a refund of any remaining portion of the hire terms paid.

Literature LMD take every care to ensure the accuracy of the property descriptions. All information on our website is given in good faith and is believed to be correct at the time of going to press, but LMD cannot be held responsible for misunderstandings or changes beyond its control, which may become known after publication of this literature. The statements and prices in the brochure, the website and elsewhere are made in good faith but the agent has no liability for inaccuracies.

Further, LMD cannot accept liability for happenings outside its reasonable control, such as breakdown of domestic appliances, plumbing, wiring, temporary invasion of pests, damage resulting from exceptional weather conditions or the owner’s negligence resulting in loss, injury or accident.

Availability The Hiring Contract is made on the understanding that the property and its facilities as published will be available for the dates stated. In the unlikely event that a property is not available through events arising outside the control of LMD or the Owner, then LMD may be forced to cancel the booking. The Hirer will be advised as early as possible. Where possible, The Hirer will be offered suitable alternative accommodation, which, if not acceptable, will entitle the Hirer to a refund of all monies due. The Hirer will not as a result have any further claims against LMD or the owner. Please note that reservation requests taken via our website are not confirmed bookings until we have contacted you and accepted a deposit.

Cancellation by you Should you wish to cancel your booking once it has been accepted by LMD, we must receive written instructions to this effect and the following charges become payable by you;

70 days before arrival: Loss of deposit
69 - 35 days before arrival: 50% of total amount (subject to a min of £250 per week)
34 - 0 days before arrival: 100% of total amount

Cancellation by us Our liability is limited to the provision of the exact accommodation as booked. In the unlikely event that we have to cancel your holiday through circumstances beyond our control (such as an owner selling their property. it being rendered uninhabitable) we will immediately advise you of the situation and endeavour to offer you alternative accommodation. If we are unable to offer you suitable accommodation or if the alternative is unacceptable to you, you will be entitled to a refund of all monies paid to us.

NOTE: Refunds will not be payable if we are forced to cancel due to any matter outside our reasonable control Cancellation including (but not limited to) acts of God, war, terrorist activity, civil disturbance, disaster, natural or nuclear disaster, strikes or any other industrial action, acts of Government or failure of public supplies, fire or adverse weather conditions.

If you do not agree to all the terms and conditions on this page, please do not use this web site. Use of any internal or external links on LMD constitutes acceptance of the terms on this page. If you do not agree with these terms, please exit this site by closing the browser window.

These Booking Conditions supersede any previous issues.