In these Terms and Conditions, the following expressions shall bear the following meanings:
- the "Apartment" shall mean the apartment to be booked by the Guest, details of which are presented on the Site;
- the "Apartment complex" shall mean the complex which the apartment is situated
- the "facilities on the Apartment Complexes" shall mean the swimming pools, other leisure facilities, shops etc which are available in the Apartment Complexes and advertised on the site
- the "Balance" shall in the case of the Deposit being paid mean the remaining 70% of the Total Rental Fee;
- the "Contents" shall mean the contents of the Apartment including without limitation the furniture, furnishings, fittings and equipment in the Apartment;
- the "Deposit" shall mean a non-refundable deposit of 30% of the Total Rental Fee;
- the "Guest" shall mean the person(s) booking the Apartment, precise details of whom have been provided to Black Sea Holiday Apartments;
- the "Guest's party" shall mean the number of people for whom the Guest has booked accommodation.
- the "Owner" shall mean the owner(s) of the Apartment;
- the "Site" shall mean the website Blackseaholidayapartments.com;
- the "Stay" shall mean the number of nights in the Apartment to be booked by the Guest;
- the "Total Rental Fee" shall mean the total amount payable for the Apartment for the Stay as set out on the Site;
- the "Property Management Company" shall mean the company designated by the owner as the agency providing the property management services for that department during the stay of the guest.
- "Black Sea Holiday Apartments" shall mean the Black Sea Holiday Apartments and being the agent responsible for marketing, selling and managing the letting of the Apartment on behalf of the Owner.
1. Formation of the Contract
1.1. Completion and submission of a booking form constitutes an offer by the Guest to reserve the accommodation specified in the form. Black Sea Holiday Apartments acts as agent for the apartment and therefore, any contract for the booking is directly between you and the apartment owner. On arrival, you should check that the accommodation is as booked.
2.1. The total price of the accommodation and the method of payment will be stated in the booking form.
2.2. Upon booking the Guest is required to fully and accurately complete the Booking Form. The Guest is required to provide details of their debit or credit card when submitting the booking form and by doing so the Guest authorises the owner or Black Sea Holiday Apartments on its behalf to deduct any sums due and payable by the Guest in relation to the booking from that card.
2.3 The booking will become effective only once payment of either the Deposit or the Total Rental Fee (as appropriate) has been confirmed to Black Sea Holiday Apartments and the Guest has fully and accurately completed the Booking Form;
2.4. For bookings made more than 56 days before the commencement of the Stay the Deposit shall be payable upon booking. The Balance shall be payable normally no later than 56 days prior to the commencement of the Stay. For bookings made within 56 days of commencement of the Stay the Deposit will be paid and Black Sea Holiday Apartments will notify the Guest in writing of the requirement to pay the balance.
2.5. It shall be the responsibility of the Guest to ensure that the Balance is paid. In the event that the Balance is not paid on or before the due date, the booking shall be cancelled by Black Sea Holiday Apartments and the owner reserves the right to claim cancellation charges up to 100% of the total cost of booking.
2.6. A handling charge of between 2-4% will be levied on all elements of the rental transaction that is paid by Credit Card. The deposit and the balance of the rental can be paid by cheque, PayPal, Switch/Maestro or money transfer from which no handling charge will be made.
3.1. Once the booking has become effective it shall be binding upon the Guest and in the event that Guest wishes to cancel the booking he/she shall forfeit any and all monies paid based on the following policy - more than 56 days prior to arrival - loss of deposit only. Less than 56 days and the owner reserves the right to claim cancellation charges up to 100% of the total cost of booking. All cancellations must be in writing and sent to Black Sea Holiday Apartments. Black Sea Holiday Apartments will make every reasonable effort to re-sell any cancelled apartments to reduce the Guest's liability for cancellation charges. A cancellation notice will be issued and sent to the Guest as confirmation of the cancellation.
3.2. Due to the fact that we plan our apartment and villa programme many months in advance, it is sometimes necessary to make changes or in very rare cases to cancel the booking made by you. We must therefore reserve the right in any circumstances to make such changes or to cancel the booking. Provided it does not arise from circumstances amounting to force majeure (see below), if we cancel your accommodation booking or make a major change (i.e. a change to accommodation of lower standard), you will be free to:- a). accept the new accommodation arrangements offered by us b). purchase another rental from us. c). cancel your booking with us and receive a full refund of all rental monies paid. In such circumstances the Guest shall be entitled to a refund in full of all sums already paid provided that under no circumstances shall either the Owner or Black Sea Holiday Apartments be obliged to pay to the Guest any further sum(s) by way of compensation or damages arising from such cancellation.
3.3 If the Guest is unable to take occupation on the day of commencement of the stay, or has to depart before the final day of the stay due to delays, illness, personal reasons, etc, no pro rata refund will be made.
4. The Accommodation
4.1. The price quoted per apartment for the rental period does not include the cost for the use of the facilities in the Apartment Complex or surrounding complexes which may have an additional charge. Also unless indicated this price does not include any mid-stay cleaning of the apartment or linen change.
4.2. The Apartment shall, subject to the terms of paragraph 4.4 below be available exclusively to the Guest from 16.00 on the first day of the Stay until 10.00 on the final day of the Stay, unless notified by Black Sea Holiday Apartments to the Guest prior to the rental period. The Guest may be able to enter or leave luggage in the Apartment outside of these times during the Stay only by prior agreement with Black Sea Holiday Apartments or the Property Management Agents.
4.3. If the Guest is unable to take occupation on the day of commencement of the stay, or has to depart before the final day of the stay due to delays, illness, personal reasons, etc, no pro rata refund will be made.
4.4. If the Guest fails to vacate all or part of the accommodation premises by the requisite time the owner may make a charge for a further week's stay which shall be due and payable immediately by you. For the avoidance of doubt, failure to vacate includes any persons in the Guest's party remaining in the accommodation premises and the Guest and/or they leaving goods and/or personal property in the accommodation premises (except by prior arrangement).
4.5. The Apartment shall only be occupied by the Guest and the Guest's party and the Guest shall not authorise or permit any other person(s) to enter or stay in the Apartment without the prior approval of Black Sea Holiday Apartments or the owner.
4.6. The Guest or the guest's party shall not smoke in the Apartment if there are indications on the website and/or in the apartment that smoking is not permitted.
4.7. There is a minimum security deposit of at least Â£75.00 /100 euros which will be held against loss or damage. This is to be paid at the same time as the full balance, and will be refunded within 2 weeks after departure, after any deductions which may occur. As an alternative if there are significant damages or other extraordinary costs (ie additional cleaning etc) caused by the party during your stay in the apartment Black Sea Holiday Apartments reserve the right to take the costs of these damages or additional cleaning etc from the credit card that was used to pay for the rental of this apartment.
4.8. The Guest shall at all times treat the Apartment and the Contents with care and respect and keep the Apartment at all times reasonably clean and tidy. In the event that the Guest causes any damage to the Apartment or any damage to or loss of any of the Contents the Guest shall be responsible in full for such cost of any repair(s) or replacement as Black Sea Holiday Apartments or the Owner shall reasonably determine. The Guest is required to inform Black Sea Holiday Apartments as soon as reasonably practicable of any damage or loss. Any costs shall be deducted from the security.
4.9. The Guest shall have respect for other residents in the vicinity of the Apartment and shall not cause or allow to occur any unreasonable noise or other nuisance;
4.10. The Apartment shall upon commencement of the Stay be clean and tidy and shall together with the Contents materially conform with the description provided on the Site;
4.11. Descriptions of the Apartments and the Apartment complexes on the site are believed to be correct at the time of publication on the website or other media. Black Sea Holiday Apartments will not be liable for any changes that may occur in the Apartment or Apartment complex ownership and the facilities available in the Apartment or on the Apartment Complexes etc. If your booking depends on the provision of certain facilities, this must be made clear at the time of booking.
4.12. Black Sea Holiday Apartments maintains descriptions of the accommodation on its website based on the information provided by the owners and others. This information is designed to give you a guide to the accommodation only. If you have any particular requirements you should check directly with the Black Sea Holiday Apartments before booking.
4.13. Black Sea Holiday Apartments or the owner cannot guarantee that the facilities on the Apartment Complexes will be open at all times of the year. The tourist 'season' in Bulgaria starts from approximately the start of June to the end of September. In terms of the complexes where the apartments are situated swimming pools and other facilites on site are likely to be availble to use from approximately the middle of May to the end of September. It is advised that you should check with Black Sea Holiday Apartments as to the dates when the facilities on the complexes will be open at the start and end of the season.
4.14. Neither Black Sea Holiday Apartments nor the Owners shall be liable to the Guest or members of the guest's party for any loss or damage, direct or indirect, to its property, or person (including death and personal injury), however caused arising from the Stay
4.15. The Guest shall vacate the Apartment at the end of the Stay and other than the rights set out in these terms and conditions shall not acquire any other rights in or in relation to the Apartment. For the avoidance of doubt neither the booking nor the Stay shall amount to any form of lease tenancy or other property right in respect of the Apartment;
4.16. At any times during the Stay Black Sea Holiday Apartments or the Owner may either themselves or permit others to enter the Apartment in order to carry out necessary repairs or in order to reasonably assess or prevent any breaches of these terms and conditions by the Guest;
4.17. The owner reserves the right to cancel or change the bookings due to war, riot, industrial dispute, natural disaster, fire or other reason outside his/her control amounting to force majeure. In the event of such circumstances, the owner reserves the right to retain all monies paid to Black Sea Holiday Apartments by the guest under the terms of this contract. Any refunds of the monies paid shall be at the owner's sole discretion.
4.18. Black Sea Holiday Apartments or the owner cannot accept responsibility for any break in services, such as gas, electricity, water, or failure attributable to the fault of the guest, or any member of his/her party, or the actions of third parties unconnected with the provision of services, or force majeure reasons.
4.19. In the event that the Guest materially breaches the terms set out in paragraphs 4.2, 4.4, 4.5, or 4.6, 4.8 or 4.9, or 4.15 above, Black Sea Holiday Apartments may at its absolute discretion require the Guest either to remedy such breach or to vacate the Apartment and the Guest shall immediately upon receipt of a request to vacate the Apartment do so. Any such vacation shall be without prejudice to any other rights or obligations set out in these terms and conditions;
4.20. These conditions apply to all bookings whether made in writing, verbally or online.
5. Information Provided by the Guest
5.1. The Guest must accurately state the number of people for whom you are booking accommodation. Should the guests party exceed that stated at the time of booking the Guest should inform Black Sea Holiday Apartments as soon as possible.
5.2. Should any member of the Guest's party have any special requirements please ensure they can be catered for prior to making a booking. We strongly advise you to contact the Black Sea Holiday Apartments prior to your arrival.
6. Disclosure to Third Parties
6.1. In order to facilitate formation and performance of contracts, Black Sea Holiday Apartments will pass your details to the accommodation provider or their agents.
7. English Law
7.1. These terms and conditions shall be governed by English law and the parties agree to the exclusive jurisdiction of the Courts of England and Wales.
Black Sea Holiday Apartments Ltd
3 Barford Grove
BL6 4NQ, United Kingdom
T: 0044 (0)1204 402080