Terms and Conditions
TERMS AND CONDITIONS
The terms of business and expressions listed below will have the following meanings:
“We”, “us” and “our” all refer to ACHO and “you”, “your” or “client” all refer to the customer entering into the agreement.
ACHO acts only as professional mediator between clients and the owners of the properties featured on our website. We do not sell or offer for sale any “packages”.
The client must be 18 years or older. Agencies are regarded as clients.
The contract and all matters arising out of it are governed by Maltese law. We both agree that any dispute, claim or other matter which arises out of or in connection with this contract or your arrangements will be dealt with by the Courts of Malta only.
To secure a booking we take a 30% (thirty percent) deposit of the total rent and complete a booking form detailing all the information agreed with you. The booking form is then sent to you via email. After checking the form carefully it must be signed and returned to us by email, alternatively you can post us the signed booking form and your agreement with the Booking and Payment Information terms and conditions.
Upon receipt of your confirmation, we will prepare and send you an invoice confirming the booking and the payment taken so far. Despatch of this confirmation invoice to you constitutes the beginning of a binding contract between ACHO and you.
The deposit is not refundable.
If the initial reservation is received less than 62 days before the first day of the rental period, the completed and signed Booking Form must be accompanied by 100% (one hundred percent) of the total invoice price within two working days. Payment is accepted by bank transfer only.
If the initial reservation is received more than 61 days before the first day of the rental period, the completed and signed booking form must be accompanied by a deposit of 30% (thirty percent) of the total invoice within five working days. Payments will be accepted by bank transfer only.
Final payment of the balance of the cost of your rental must be received by us not less than 61 days before the commencement of the rental. This date will be shown on the confirmation invoice but we are not responsible to remind you of this final payment date. If we do not receive all final payments due on time we reserve the right to treat the booking as cancelled by you. The set out cancellation charges detailed below will be payable by you.
All payments are taken in Euros by bank transfer only.
Should you wish to make any changes to your confirmed booking, you must inform us as soon as possible. We will refer the request to the owner. The owner will do his utmost to accept these changes but there can be no guarantee that the owner will be able to meet any requests. We can only action changes to a confirmed booking if the property or the period of the booking does not change. If these requirements of change are not met, your booking will be treated as cancelled by you and you will have to pay the normal cancellation charges for your chosen property.
CANCELLATION BY YOU
Should you for any reason have to cancel your booking, you must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us. If you cancel a cancellation fee will be payable to the owner and, where applicable, we will collect this fee on behalf of the owner. The amount of cancellation charge is determined by the date that you notify us of your cancellation. We regret that neither we nor the property owner can make exceptions to the cancellation policy for any reason, including personal emergencies. Even if the original booking is substituted by another booking, a cancellation fee will be payable, at the discretion of the owner of the property whose booking has been cancelled.
The following table will be used to calculate the percentage of the invoice that will be charged to you as a cancellation fee:
|Period before departure within which written notification of cancellation is received by us||Cancellation charge (% of total invoice)
|More than 61 days (61 is not included)||30%|
If the owner with whom you wish to contract has a different cancellation policy, we will bring this to your attention at the time of booking. If no alternative policy is communicated to you, the charges listed above will apply.
Personal travel insurance may allow you to reclaim these cancellation charges (less any applicable excess). However, we are not responsible to make these claims and they must be made by you directly to your insurance company.
CANCELLATION BY ACHO
In the unlikely event that we are forced to make changes to a booking you will be notified by us. Should a property become unavailable for reasons beyond our control, we will do our utmost to find an alternative property in the same area. We reserve the right to transfer your booking to that property. If we are unable to find a similar property in the same area, we will refund you the full amount received for the rent, any other reimbursements are excluded. Neither we nor the owner accept liability for travel expenses, alternative accommodation through other agencies or other expenses that may be incurred.
We will not be liable for cancellation charges pertaining to travel arrangements that have been made by you.
PROPERTY DESCRIPTION AND RESPONSIBILITY
Every effort has been made to describe the properties in a true accurate fashion. We have personally visited each property and discussed with the owner the terms and conditions of rental, receiving their understanding of and agreement with the standard of accommodation and facilities expected by our clients.
The descriptions appearing on our website have been prepared in good faith. However, we decline all responsibility for any changes or alterations made to the property or the surrounding landscape without our knowledge. If we are made aware of any significant changes we will advise you in writing as soon as possible.
Prices shown on our website may also have changed by the time you book your holiday and we are not liable for any errors, increases or differences from the rates published.
We cannot accept any responsibility for breakdown of mechanical equipment or any interruption in services such as gas, water and electricity.
In addition, many of the properties we have selected are located in relatively remote areas to afford them the privacy and views that many of our clients prefer. Travelling to these remote locations may be time consuming and require a little patience and a suitable vehicle.
ACHO is not responsible for inconveniences or delays resulting from changes in the weather.
No refund shall be payable in the event of a lesser number of persons occupying the property.
As you are aware, we offer properties that are not official tourist structures, such as hotels, residences etc. but private houses. All our properties are individually owned and range from small cottages to large modern villas – they do not have internationally recognised standards or categories. Standards vary enormously from basic but serviceable furnishings and equipment, to the more sophisticated and comfortable. The properties reflect, in their architecture and furnishing, the local traditions and the personal taste of the owner.
Items such as dishes, cutlery and bedding are always provided, but coffee makers, teakettles, toasters etc. cannot automatically be expected. This is precisely the kind of holiday that we offer; the chance to participate in the culture of the area, living in the same surroundings as the locals. In order to live this experience in the right spirit, it is important that you accept and appreciate the differences of the property compared to any official tourist structure.
The owner of the property reserves the right to have free access to the property for essential maintenance purposes. No pets are allowed in the property, unless otherwise agreed. Please bear in mind that sofa beds or extra beds are often not as comfortable as regular beds. Although every effort is made to maintain all properties in good order, it should be noted that wear and tear of properties is unavoidable. For this reason, damaged furnishings may be replaced and occasionally hot water installations, swimming pools, toilets and utilities may need repair. It may take some time to engage a worker to obtain parts, and your patience is appreciated.
SAFETY AND FACILITIES FOR CHILDREN
If a property is listed as being suitable for children we were mindful of this during our inspection and we have confirmed that the property owner is willing to accept children. Facilities and furniture for infants and small children may be available and this can be checked at the time of the initial reservation. ACHO does not accept any responsibility for the sanitary and safety standards of these items and it is strongly recommended that you bring with you all bedding, etc to alleviate any possible concerns you may have in this regard.
The property will be handed over to you clean, tidy and in good order. You are obliged to pay in Euro the amount due for the final cleaning of the property. Cleaning of the cooking facilities, crockery, cutlery, kitchen corner and the removal of rubbish is your responsibility and is not included in the final cleaning. If you neglect the cleaning, the owner could charge you an additional amount to compensate for his additional costs.
Some of our properties charge for extra services like additional beds, heating, air conditioning, etc. This must be paid in euros to the owner within your day of departure.
If there are any problems with the property or if you have any cause for complaint during the rental period, you must inform the owner immediately so that there is the necessary time and opportunity to resolve the problem. If the problem is not resolved, you may follow up the complaint in writing to us within 24 hours. Until we know about a problem or complaint, we cannot begin to try to resolve it. Most problems can be dealt with quickly. If the problem has not been reported as detailed or is received after the rental period, neither we not the owner can accept any claims or complaints. We cannot exclude the possibility that the property can result in minor inconveniences due to the special nature of its architecture, personal taste of the owner or local traditions in the area; in this case we cannot accept any responsibility.
Neither we nor the owner accept any responsibility or liability for acts of omission of third parties which may prevent or disrupt a booking. The contract for the rental exists between you and ACHO (on behalf of the owner) and is limited to the rental of the property. No liability can be accepted by us or the owner for any injury, illness, death, loss or damage to you or a member of your party, arising out of or in connection with the use of the rental property, swimming pool, children’s play areas or all kind of sport facilities. The use of these facilities is at your own risk. Neither we nor the owner will be liable for any damage and losses as a result of burglary.
ACHO does not accept any responsibility for any additional services chosen.
PRIVACY AND NOISE
Because our properties are individual, the degree of privacy and seclusion varies greatly from one to another. During the course of a holiday pool cleaners and gardeners will visit regularly. Although rural houses should enjoy relative quiet, please remember that there will always be noise of some sort, be it from tractors, delivery lorries, ebullient locals or simply increased traffic on local roads in the summer months. At fiesta time music and bells could play from church towers, and fireworks are the norm in village streets. We urge clients to discuss this aspect with us when considering suitable properties.
No liability can be accepted by ACHO where the contract is affected by ‘force majeure’. In the context of these conditions, ‘force majeure’ is any event that we could not, even with due care, foresee or avoid. These events include but are not limited to war, threat of war, riot, civil commotion or strife, hostilities, industrial dispute, natural disaster, fire, acts of God, terrorist activity, nuclear disaster, adverse weather, government action, technical problems with transportation or other events outside our control.
It is your responsibility to obtain appropriate travel insurance. Your insurance should at least cover medical expenses, personal accident and repatriation in the event of illness or accident, loss or damage to your personal effects, money (including cancellation fees paid by you), and third party liability cover.
Your travel agent, airline or the appropriate Embassy/consulate will be able to advise you as to any travel documentation required for your holiday and it is your responsibility to ensure that you obtain and carry all the appropriate documentation.
ACHO is not responsible for making your air, car or any tour arrangements but will be happy to provide as much information and local knowledge as possible to assist you.