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Booking Conditions

THE CONTRACT

Your booking will be a contract with Real Marbella Options SL ("Marbella Options"), which specialises in the provision of holiday accommodation in apartments and villas and hotels in Marbella for independent holidaymakers. Marbella Options is not a tour operator or organiser and does not provide travel arrangements itself.

Any contract made is subject to English law and to the non-exclusive jurisdiction of the English courts, unless you live in Scotland or Northern Ireland, in which case the law and jurisdiction of the relevant country will apply.

Your signature on the booking form will be taken as your acceptance (on behalf of yourself and all members of your party) of the following terms and conditions and confirmation that you, as the party leader, are over 18. It is therefore important that you read and understand them. Any term or condition, which you do not understand, must be discussed with a member of staff at Marbella Options before the contract is signed.

A contract will exist when we confirm your reservation in writing by a booking confirmation letter and/or a receipt.

BASIS OF BOOKING

If you consider that any representation made to you verbally or in writing prior to making a contract with Marbella Options is important and should form part of the contract, you must bring this to the attention of Marbella Options at the time of making your booking.

All data and information included in our brochure is, to the best of Real Marbella Options SL's knowledge and belief, correct at the time of publication. Nevertheless, Marbella Options SL must reserve the right to make changes to data and information contained in our brochure and you will be advised of these changes either at the point of booking or when they become known to us. This will be limited to changes which we consider to be vitally important to the contract or which may adversely affect enjoyment of your holiday. If you consider that any facility or service featured in our brochure is essential to the enjoyment of your holiday, please advise us at the time of booking and, if at all possible, we will use our best efforts to meet your request. We cannot guarantee that advertised facilities and features will be available at all times and we may well have no prior warning of such non-availability, Sports facilities, such as golf, tennis, etc, may be subject to non-availability, for example, due to pre-booked competitions. Neither can we be held responsible for inclement weather.

Any incorrect spelling, photograph, calculation or other error or omission in our brochure, any quotation, price list, confirmation of reservation or invoice or other document or information issued by Marbella Options shall be subject to correction by Marbella Options.

DESCRIPTIONS

Whilst Marbella Options has used all reasonable endeavours to ensure that the descriptions in our brochure are accurate at the time when they inspected the accommodation, no responsibility or liability can be accepted for any modifications or changes made by the owners of the relevant accommodation, without the knowledge of Marbella Options.

TO MAKE A BOOKING

In order to make a booking, you must contact us to establish that your selected accommodation is available for the dates required. You can access our reservation system in order to do this via our website (www.marbellaoptions.com), or alternatively, contact us by telephone, fax or e-mail. (See contact details below).

In order to confirm your booking, you will be required to pay a deposit of 25% of the property rental fee (if booking more than 75 calendar days prior to departure). However, the full amount will be payable at the time of booking if you book less than 75 calendar days before departure. It will not be until we have received the relevant deposit in cleared funds in our account and we confirm your reservation in writing by a booking confirmation letter and/or a receipt, that a contract for the booking of the property will come into existence.

Once we have received your deposit or payment of the full property rental, your reservation will be confirmed in writing by a booking confirmation letter and/or an invoice or receipt.

PAYING FOR YOUR HOLIDAY

You will be invoiced for the balance of the property rental fee, (and if applicable, the price of any extras which Marbella Options has agreed to provide), which will be payable not less than 75 days before the day on which you travel to the accommodation or this balance will be payable immediately if your date of travel is 75 days or less from the date of booking. Time is of the essence regarding payment so, if you do not make a payment to us when due, you will be in breach of contract and we reserve the right to cancel your reservation in our absolute discretion. In this event, the deposit which you have paid will be forfeited or, if no such deposit has been paid, we will be entitled to payment of a sum equivalent to a 25% deposit from you. to take advantage of any special offers or of the web bookiing discount, the full amount of the rental must be paid at the time of booking. Marbella Options SL will always charge the client in Euros regardless of whether the booking was confirmed in another currency.

Any price promise which we may issue is subject to any payment by you being made on time.

BOOKING CONFIRMATION

Once all payments due from you have cleared through our bank account, we will send to you confirmation of your reservation, together with contact names, telephone numbers and addresses of our office in Marbella, who will be our representatives in Spain during your holiday.

PRICE PROMISE

Prices for accommodation in this brochure were calculated on the basis of known costs as at 25th August 2005. Prices stated inclusive of VAT applicable at 25th August 2005 but may be subject to change by governmental regulations. The price of unsold holidays are constantly under review and may be increased or decreased at any time. Current prices can be accessed via the Marbella Options website, by contacting us or through your local independent travel agent. The price of your holiday will be confirmed on booking. When you have booked your holiday and paid your deposit or the full amount if you book within 75 calendar days of departure, the price of your holiday as shown on your confirmation invoice is guaranteed and will not be subject to any changes or surcharges unless you elect to change the confirmed booking. At no time is Marbella Options liable to give a breakdown of costs due to the nature of the holiday bought by you.

However you should be aware that Marbella Options may offer accommodation at lower prices than that at which you booked as part of a promotional offer and you will not be entitled to a retroactive adjustment to the price of your booking in such circumstances. If you are late in making payment for whatever reason, Marbella Options SL reserves the right to adjust its prices to reflect those prevailing at the particular date of payment.

VARIATIONS TO THE BOOKING BY MARBELLA OPTIONS

While it is rare, there are instances where we will not be able to implement a confirmed booking. Should we not be able to provide the accommodation in accordance with a confirmed reservation, provided we receive notification in advance, we will use our endeavours to offer alternative accommodation of at least the same standard or higher of that reserved, with the option for you to cancel the booking for a full refund of all monies paid by you. Whether or not we are able to offer alternative accommodation, the following will apply. Where we advise you of the change 56 or more days before the commencement date of the reserved booking, neither you nor anyone in your party will be entitled to any compensation. Where we advise you of the change 14 days or more before commencement of the reserved booking, we will pay compensation to you of £25 (twenty five pounds) per person in the booked party and where this occurs less than 14 days before the commencement date of your reserved booking £50 (fifty pounds) per person included in the booking.

You must notify us of your choice as to whether to accept the alternative accommodation or to receive a full refund within 7 (seven) calendar days of our offer. If you do not do so, then you will be deemed to have elected to accept the offer of alternative accommodation and Marbella Options will proceed on that basis.

Important: Please note that the above rights to compensation will not apply where changes or non-availability is due to a reason of force majeure, meaning circumstances or an event which is beyond our reasonable control, such as, for example, strikes, industrial action, war, natural disaster or government action.

In the event of a minor change, being one which Marbella Options could not reasonably expect to have a significant effect on the holiday, Marbella Options will use reasonable endeavours to notify you of the same, but you will not be entitled to cancel or to receive compensation for a minor change.

VARIATION TO THE BOOKING BY YOU

While we will use all reasonable endeavours to accommodate a variation to the booking, by you, this will not always be possible. Where we are able to make the amendment, we reserve the right to charge an amendment fee ranging from £25 per person up to a maximum of £100 per booking, depending on the circumstances. This in addition to any additional property rental fee which may be due.

CANCELLATION CHARGES

Should you wish to cancel a confirmed reservation, you must inform us in writing immediately, by post, email, facsimile or hand delivery. Verbal cancellations will not be accepted. For your own protection we would advise that when informing us of a cancellation by post, you must send it by recorded delivery, as proof of posting will not be accepted as proof of receipt. If you cancel, this will be subject to a cancellation charge, as set out in the following table (with the percentage referring to the Property Rental Fee). Please note that the charges are calculated from the actual day that Marbella Options receives your written notification.

We will only cancel a confirmed reservation in the case of late or non-payment of an invoice or for reasons of force majeure. In the event of cancellation due to force majeure, we will offer you the choice of either a full refund of all monies paid by you to us or, if we are able, using the monies paid as part or full payment for alternative accommodation, which will be arranged subject to availability.

ACCOMMODATION

The number of people in a booking party must not exceed the number of sleeping places indicated in the brochure for the relevant accommodation, except in the case of infants (defined as a child under 2 years of age, who sleeps in a cot). Any change in the number of people staying at the accommodation must be notified to Marbella Options in writing in advance, such notice to be received by Marbella Options not less than 7 calendar days prior to the first day of your occupancy of the accommodation. We will use our best endeavours to meet any reasonable requests in this regard but we are not able to guarantee that any change in numbers will be possible once the booking has been made.

In the event that, during an inspection, cleaning or other visit, Marbella Options reasonably considers that the number of occupants at the accommodation exceeds the number booked, Marbella Options reserves the right, in its absolute discretion, to require an additional payment for extra occupants or to require you and your party to leave the accommodation immediately, without you or any member of your party being entitled to any refund or compensation payment from Marbella Options.

The rental period is from 16.00 hours (local time) on the day of arrival until 10.00 hours (local time) on the day of departure. Any variation to these times is by prior arrangement only. Where ever possible we will seek to allow earlier access or later departure to assist with your travel arrangements. However, there may be a charge for this (payable locally, if not paid in advance) to cover administration costs and the rescheduling of cleaning staff, etc. With the exception of clients staying in hotels, it is essential that you notify the Marbella Options office no less than one week prior to the date of arrival of your planned time of arrival at your chosen accommodation so that arrangements can be made to hand over keys. Should you be late in arriving at your accommodation, please contact the Marbella Options office on the telephone number provided in your accommodation voucher.

The accommodation will have been thoroughly cleaned/serviced prior to the commencement of your holiday. You are required to leave the accommodation in a similarly clean and tidy condition, with the inventory complete. Should you fail to do so and additional cleaning is required, an additional charge will be made.

You are responsible for the keys to the accommodation whilst they are in your possession and for their safe return to the local agent or on the site caretaker. Lost keys will be charged at £5 per key.

Please note that you will be required at all times to abide by local community regulations. These are normally posted within the grounds of the communities but they can also be made available to you upon request prior to your holiday. These regulations are aimed at allowing all guests to enjoy themselves and ensuring that the quality of the environment within the community is not adversely affected.

Any valuables left at the property are left at your own risk. Neither Marbella Options nor the property owner or representative are responsible for their loss. As with all rental properties in prime locations there may be a risk of burglary. Where provided, burglar alarms should be activated, safes used and proper care taken against theft and burglary. We accept no loss or damage or consequential losses due to the theft or any other security related incident however caused.

The properties featured within our portfolio are intended for use as holiday accommodation. Under no circumstances must the accommodation be used for any commercial purposes or illegal activities.

No pets or animals of any kind may be taken into or kept in the accommodation at any time. For long term lets this may be possible at certain locations - details on request.

BEHAVIOUR

The person making the booking with Marbella Options is responsible for the appropriate and decent behaviour of all members of his or her party. If, in our reasonable opinion, the behaviour of you or any member of your party causes danger, injury, damage to property or seriously or persistently affects the enjoyment of others, then Marbella Options reserves the right to terminate your accommodation booking and require you to leave. Should this happen Marbella Options will have no liability to you or any member of your party for a full or partial refund or for any compensation whatsoever.

BREAKAGES

Breakage/damage deposits are required. You will be advised of the relevant breakage/damage deposit at the time of booking normally 10% of the holiday cost. Either a cash deposit or an imprint of a credit/master/visa/amex card for the amount of the deposit will be taken on arrival. All damage and breakages must be reported by you prior to your departure.

ASSISTANCE

In the event that you suffer illness, personal injury or death within your party, but not due to something for which Marbella Options SL is liable, we will endeavour to offer you all reasonable assistance. Please contact our office in Marbella in the first instance or for a medical emergency, the contact numbers provided by your Insurers.

COMPREHENSIVE TRAVEL INSURANCE

Accident & Cancellation Insurance. It is a condition of Marbella Options accepting a booking that you take out cancellation and accident insurance with one of the Insurers recommended by Marbella Options, unless you can produce evidence of alternative cover for at least the same levels of insurance. Where you do not wish to use one of Marbella Options' recommended Insurers, your declaration on the booking form will be taken as confirmation that you have alternative cover.

WARRANTY AND LIABILITY

Real Marbella Options SL warrants that it will use all reasonable care and skill in providing services to you.

Marbella Options liability to you for direct loss or damage (being loss or damage which is foreseeable) and for loss of, or damage to, your physical property caused by the negligence or breach of contract of Marbella Options up to a limit of 2 times the property rental fee per claim or series of connected claims and aggregate limit in any 12 month rolling period of 4 times the property rental fee.

Except as provided above, Real Marbella Options SL will not be liable to you for any loss or damage arising out of or in connection with the supply of any services or otherwise in connection with the performance of the contract for the provision of any accommodation or any representation (unless fraudulent) or any breach of any implied or expressed warranty, condition or other term or of any duty at common law, including negligence (but not fraud) or any statutory duty and whether by itself, it's employees or agents which is for any loss of profit, contracts, good will or any indirect or consequential loss or damage. Indirect or consequential loss or damage is loss or damage which is not foreseeable by you or Marbella Options.

You should consider obtaining separate insurance cover if any potential loss or damage which you believe you may suffer or incur is not covered by this clause.

Your statutory rights (whether under the Supply and Goods of Services Act 1982 or otherwise) are not affected by these booking conditions. If you have any doubts as to your statutory rights, you should contact your local Trading Standards Department or Citizens Advice Bureau.

COMPLAINTS

At Real Marbella Options SL, we take every care to ensure that an appropriate reservation is made for the selected accommodation, in order to eliminate possible error and misunderstanding which serves to make complaints unlikely. However, if you feel that you do have a cause for complaint or dissatisfaction during your holiday, please bring it to the attention of our office in Marbella immediately, so that we can have the opportunity to put right the source of your complaint. If the matter is not resolved to your satisfaction please put your complaint in writing to our local office and copy it to us on your return from your holiday. If the source of your complaint has not been resolved by the time of your departure or if you still feel you have cause for dissatisfaction, please write to us within 14 days of the end of your stay, so that we can investigate the matter further. If you do not notify Marbella Options within this 14 day period, any claim by you or compensation may be adversely affected.

DISABILITIES

While Marbella Options aims to provide the highest level of service to all its clients, we are not specialists in the provision of holiday accommodation for the disabled. Generally speaking, the accommodation in our brochure has not been adapted specifically for use by the disabled and those in wheelchairs and with mobility problems may not be able to access or use the accommodation. If you or anyone in your party has a disability or medical condition, please inform Marbella Options at the time of booking, so that we can check the suitability of the accommodation. You must provide us with full details of the disability or medical condition at the time of booking. Where the accommodation is not considered suitable, in the reasonable opinion of Marbella Options, or full details of the disability or medical condition are not provided, Marbella Options reserves the right to reject or cancel a booking without liability to you.

STATEMENT ON PRIVACY

In order to make your booking, we will need to collect certain personal details from you about yourself and your party. Typically, these details will include names and addresses, details of debit/credit card and any special requirements, for example, in relation to a disability or medical condition, which may affect the choice of accommodation. These details will need to be passed to third parties, such as our agents in Marbella, debit/credit card company and banks. By making a booking, you will be taken to have consented to the above uses of personal data supplied. No other use of such data will be made without your consent. We will comply with the provisions of the Data Protection Act (1998) in relation to personal data. We may record telephone calls in the interests of customer service and quality.

GENERAL

Any notice to be given under this contract must be in writing and addressed to the other party at its registered office, in the case of Marbella Options or the last known residential address in the case of the holidaymaker, or such other address as may at the relevant time have been notified pursuant to this provision. Notices may be given by hand or by special delivery post which will take two working days after posting, or by facsimile taking effect immediately, provided the sender can produce a report to a fax number of the recipient. While e-mail communications may be used e-mails will not be a valid method of giving notice under this contract.

If any provision of this contract is held by any competent authority or court to be invalid or unfair and therefore unenforceable in whole, or in part, the validity of the other provisions of this contract and the remainder of the provision in question will not be affected.

While English law applies to this contract, the provision of facilities and services is subject to local laws, religious and other festivals and holidays which may affect availability.

Unless notified otherwise prior to your holiday, our office in Marbella are as detailed on your accommodation vouchers.

Their offices will be open during normal business hours applicable in Marbella, Spain and provision will be made for out of hours contact telephone numbers.

Please also read the section entitled "GENERAL INFORMATION", as your booking will also be subject to the statements and information in that section.

These Booking Conditions relate to accommodation only holidays offered byReal Marbella Options SL of Complejo La Poveda, Bloque 3-1, Marbella 29660, Spain. Marbella Options Booking Conditions may be amended from time to time but will always be available on our website. Alternatively copies are always available on written request.

Telephone: +34 95 2859910 Fax: +34 95 2859911

Publication Date: September 2005 Second Edition.