These terms and conditions (the “Terms”) tell you the terms and conditions on which we Lifestyle Estates Global Limited, trading as ‘Icon Private Collection’ with our registered office address at 24 Holborn Viaduct, London, EC1A 2BN, UK (“Icon Private Collection” or “we” or “us”) provide our services to you whether through our websites www.iconprivatecollection.com and www.iconluxuryresidences.com (the “Sites”) or otherwise.
Please read these Terms carefully as they govern your relationship with both us and the accommodation provider/owner (the “Accommodation Provider”) when you make a booking via us. By using these Sites or making a booking via us you agree to be bound by these Terms. If you do not accept these Terms you should not use our Sites and will not be able to make any bookings via us.
We may vary these Terms from time to time and shall post such alterations on the Sites. Your continued use of our service after the date the changes have been posted will constitute acceptance of the amended Terms.
BOOKING AGENT: We act as a booking agent for the Accommodation Providers. We do not act as an agent for you.
CONTRACT: When you make a booking with us you are entering into a contract with the Accommodation Provider and their booking terms and conditions will apply and be binding on you. We will provide you with a copy of a particular Accommodation Provider’s terms and conditions. We take no responsibility for the provision of accommodation by the Accommodation Provider with whom you have entered into a contract via us.
PRICES: We reserve the right to alter any of the advertised accommodation prices. You will be advised of the current price of the accommodation that you wish to book before your booking is confirmed.
AVAILABILITY: Whilst we aim to show actual availability on our site, we cannot guarantee availability of a property that shows as available on your requested dates. Availability will be confirmed to you once we have checked your enquiry with the Accommodation Provider.
MAKING A BOOKING AND PAYMENT: Once you have selected your chosen accommodation and you have sent us your booking request, we will send you an acknowledgement of your booking request by email. This is not a confirmation of your booking, it is just an acknowledgement that we have received your request and have liaised with the Accommodation Provider to check availability. We will then proceed to confirm the booking with the Accommodation Provider. A deposit or full payment may be required in order to confirm your booking. Your booking is confirmed and a contract between you and the Accommodation Provider will exist when we send you a booking confirmation from the Accommodation Provider setting out details of your booking. Please check that all names, dates and timings are correct on receipt of your booking confirmation and advise us of any errors immediately. As booking agent, we have no responsibility for any errors in any documentation except where an error is made by us. Where you only pay a deposit at the time of booking, you must pay the full balance by the balance due date notified to you in the booking confirmation email you received. If full payment is not received by the balance due date, we will notify the Accommodation Provider who may cancel your booking and charge the cancellation fees set out in their booking conditions. Payments may be made to us by debit card or credit card. Payments made by debit or credit card will attract a card handling charge of 2.9% of the total price of your booking for Visa and MasterCard and 2.9% of the total price of your booking for Amex.
DAMAGE OR SECURITY DEPOSIT: A “damage” or “security” deposit (which is fully refundable by the Accommodation Provider provided no damage is done to the property) may also need to be taken on the balance due date depending on the Accommodation Provider’s requirements and will be confirmed to you at the time of booking.
NUMBER OF PEOPLE AT THE PROPERTY: Only the number of persons stated in the property description, or for which beds have been provided, may use the property unless otherwise agreed in writing by the Accommodation Provider. The maximum number of people, including infants, allowed at the property may not be exceeded. The Accommodation Provider has the right to terminate your rental without prior notice and without refund or compensation, or to automatically deduct a pro rata sum from your credit/debit card or security deposit or invoiced to you for any additional adults/children if the maximum number of people staying in the house and booked for is exceeded, or if an event or large gathering is or has taken place without prior approval.
EVENTS: No events or large gatherings may take place at the property without the prior approval of the Accommodation Provider. The Accommodation Provider has the right to terminate your rental without prior notice and without refund or compensation if the maximum number is exceeded.
YOUR RESPONSIBILITY FOR YOUR BOOKING: When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party these Terms. This means that you are responsible for making all payments due, notifying us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed.
SPECIAL REQUESTS: If you have any special requests, please let us know at the time of booking. We will endeavour to pass on all such requests to the Accommodation Provider, but we cannot guarantee that they will be met and we will have no liability to you if they are not.
INSURANCE: Many Accommodation Providers require you to take out travel insurance as a condition of booking with them. We strongly recommend that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses.
IF YOU WANT TO CHANGE OR CANCEL YOUR BOOKING OR BOOKING REQUEST: Any cancellation or amendment request must be emailed to us at info@iconprivatecollection.com, and will take effect on the day we receive this during the hours of 9am to 5.30pm, Monday to Friday, GMT +1. The Accommodation Provider may charge a cancellation or amendment charge shown in their booking conditions (which may be as much as 100% of the cost of the travel arrangements). In the event of cancellation, we, Icon Private Collection, may charge a cancellation fee reflecting our costs of administering your cancellation and any loss of commission that we receive on your booking; these are in addition to those charged by the Accommodation Provider for your booking.
CHANGES OR CANCELLATIONS BY THE ACCOMMODATION PROVIDER: We will inform you as soon as reasonably possible if the Accommodation Provider should make a major change to or cancel your booking. If the Accommodation Provider offers alternative accommodation or a refund, you will need to let us know your choice within the deadline we stipulate. If you fail to do so the Accommodation Provider is entitled to assume you wish to receive a full refund.
RESPONSIBILITY FOR YOUR BOOKING: Your contract is with the Accommodation Provider and the Accommodation Provider’s booking conditions apply. We accept no responsibility for the provision of the accommodation by the Accommodation Provider. Our responsibilities are limited to making the booking in line with your instructions. We also do not accept responsibility for any information about the accommodation that we pass on to you in good faith. We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment or for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by us.
YOU INDEMNIFY US: You shall indemnify us in full against all liabilities, obligations, costs, claims and demands of any description which we may incur by reason of making bookings for you with the Accommodation Providers, any third party or otherwise as a result of us carrying out our duties under these Terms including but not limited to you complying with an Accommodation Provider’s terms and conditions which have been made available to you at the time of booking. Please also be aware that the booking conditions of the Accommodation Provider will normally state that your stay can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. Accommodation Providers will also often require you to pay for any damage you cause to the accommodation. We are under no obligation to you if any event such as this occurs. For bookings made in respect of accommodation in Ibiza please be aware that there are particularly strict conditions in respect of music and sounds between the hours of 10pm and 9am during which there should be no more than 45 decibels. Parties are strictly prohibited in all Ibiza properties and fines can be awarded of up to € 50,000. Should the police be called to the accommodation you shall be held fully responsible for any consequences and legal action against the Accommodation Provider or us and you shall indemnify us for any subsequent actions made by a third party (including the Accommodation Provider) against us.
COMPLAINTS: Because the contract for your accommodation is between you and the Accommodation Provider, any queries or concerns should be addressed to them. If you have a problem whilst at your accommodation, this must be reported to the Accommodation Provider or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances. If you wish to complain after returning home, complaint should be addressed to the Accommodation Provider.
SUPPLY OF SERVICES: We may also refer a number of third party service suppliers to you, who provide services and products, which are sold separately. Any services offered separately do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992. Suppliers are responsible for providing you with the services, products and activities you request us to order on your behalf. We shall communicate on your behalf unless it is more appropriate for you to contact the supplier directly. Suppliers may impose their own terms and conditions, which in every case apply to supply of goods and/or services by the Supplier to you, and such terms and conditions shall be binding upon you at the time of order. When ordering a product or service you may be required to provide your Payment Card details. If you request and authorise us to use your Payment Card in order to pay a Supplier for products or services, you acknowledge and agree that we shall have no liability or be responsible in any way whatsoever in respect of the use of your Payment Card provided.
PRIVACY AND YOUR PERSONAL INFORMATION: Please refer to our Privacy Notice to get full information on the processing of your personal data.
FORCE MAJEURE: For the purposes of these Terms, “Force Majeure Event” means an event beyond our reasonable control including but not limited to strikes, lock-outs or other industrial disputes (whether involving our workforce or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. We shall not be liable to you as a result of any delay or failure to perform our obligations under these Terms as a result of a Force Majeure Event. If a Force Majeure Event prevents us from providing our service then we shall, without limiting our other rights or remedies, have the right to terminate these User Terms and our Service immediately by giving written notice to you.
SEVERANCE: If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.
LAW AND JURISDICTION: These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms.