1. LEGAL INFORMATION
Smartvillas (Mauritius) Ltd is a company duly registered with the Registrar of Companies of the Republic of Mauritius under Business Registration Number (BRN): C10098339
2. GENERAL TERMS OF SALE
The general terms of sale detailed below govern the relationship between Smartvillas (Mauritius) Ltd and the client. The booking of any package holiday provided by Smartvillas (Mauritius) Ltd automatically implies that the client has taken full cognizance of, and accepts, the present general terms of sale.
3.1.1 The rates mentioned in our booklets and brochures as well as on this website are provided on an indicative basis only. These rates can vary depending on the client’s requirements and on fluctuations in exchange rates as well as the tax regime in force at the time of booking.
3.1.2 Unless otherwise specified, the amount billed will include the cost of the stay and of all the extras (including taxes and processing fees) as detailed in the confirmation of availability sent to the client within 72 hours of a booking request. The confirmation of availability will be considered as confirmation of a provisional booking. Final confirmation of the booking will be provided upon payment of a deposit as outlined below. The deposit must be paid within ten (10) days following confirmation of availability. If the client fails to pay or misses the payment deadline, the booking request and confirmation of availability will automatically be cancelled.
3.1.3 The rates provided to the client upon confirmation of booking are valid for a period of thirty (30) days. After this validity period expires, Smartvillas (Mauritius) Ltd reserves the right to review the rates. In case an increase in rates higher than 15% of the total cost of the stay, the client is entitled to cancel the booking without costs based on the condition that Smartvillas (Mauritius) Ltd is informed in writing within ten (10) days after the client is notified of any such change in rates.
3.2 Our rates include:
3.2.1. Villa Rental
The accommodation provided in the villas on offer is of good quality and all the villas are either close to or in some of the best locations on the island. Each villa is rented fully furnished and equipped, offering facilities and a level of comfort as described in the confirmation of availability.
3.2.2 Household Staff
Household staff is provided to the villas’ guests for housekeeping at no additional cost for the full duration of their stay. One or two persons will perform housekeeping tasks every day except on Sundays and public holidays, generally in the morning. Depending on their availability, these persons may remain at the client’s service after normal housekeeping hours against payment at an agreed hourly rate.
3.2.3 Food and Drinks
On arrival at the villa, some basic food items to prepare a first meal will be provided to the client by Smartvillas (Mauritius) Ltd at no additional cost. This will enable the client to enjoy his/her holiday as soon as he/she arrives.
3.2.4 Linen and Crockery
Smartvillas (Mauritius) Ltd will provide the client with good quality household linen (bed sheets, bath towels, etc.) and crockery in sufficient quantity for the number of occupants specified in the initial booking.
3.3 Our rates exclude:
3.3.1 Telephone Calls
Local telephone calls are free of charge within reasonable limits. Any other call made using the telephone line of the villa during the stay will be charged to the client as per the detailed call list provided by the operator (Mauritius Telecom or any other telephone company). The amount due is payable within eight (8) days following receipt of the bill.
3.3.2 Airport Services
Charges, taxes and expenses incurred by the client prior to the meet & greet at the airport or after checking out of the villa shall be borne by the client.
3.3.3 Rental Security Deposit
The villa and its contents are made available to the client in perfect state of use and operation. The client will be required to provide a security deposit upon arrival (cheque in euro, credit card print or cash deposit). The security deposit will be refunded to the client on departure day after verification of the good state of the villa. If need be, the cost of repairs for any damage caused to the furniture, electrical appliances or any other equipment through the fault or neglect of the occupants or the cost of replacement of same will be deducted from the security deposit.
If after the inventory, the amount of the security deposit does not cover the damages, the client commits him/herself to pay the difference. A complementary invoice to this effect will be issued to the client with settlement required within eight (8) days following the date of sending.
3.4 Terms of Payment
3.4.1 A booking is considered final only after the reception of a confirmation of availability within ten (10) days following a request and after payment by bank transfer to the account of Smartvillas (Mauritius) Ltd or to the account of the landlord of a deposit equivalent to 30% of the full cost of the stay as specified in the said confirmation of availability (including processing fees and taxes). A deposit of 50% can be asked in certain circumstances if specified by a landlord or part of the standard terms for a complex of villas or apartments.
3.4.2 As a general rule, the remaining 70% must be settled at least thirty (30) days before the proposed date of arrival in Mauritius. Moreover depending on the period and for some villas, you will be required to settle the balance sixty (60) days prior to the arrival date.
3.4.3 Notwithstanding the foregoing, any booking made thirty (30) days or less before the proposed date of arrival will be accepted only after confirmation of availability and the settlement of the total cost of the stay within a period of eight (8) days. Non payment within the prescribed period will result in the cancellation of the booking.
3.4.4 Credit cards are no longer accepted for payment. Same will be done only via bank transfer
3.5 Cancellation of Booking
3.5.1 The booking of a stay and of a villa is considered final once the deposit has been credited to the account of (Mauritius) Ltd. Any subsequent cancelation is subject to cancelation feed (excluding any eventual processing fees) as specified below:
(i) Between 360 and 60 days prior to the date of arrival: 30% of the total amount will be forfeited.
(iii) Between 29 and 15 days prior to the date of arrival: 70% of the total amount will be forfeited
(iv) Less than 15 days prior to the date of arrival: 100% of the total amount will be forfeited
An additional penalty of 30% applies in the event of cancelation of any booking made for the period from 15 December to 15 January within the periods specified in points (i) and (ii) above.
3.5.2 Irrespective of the notice period, any stay cancelled after confirmation must be notified by registered mail with acknowledgement of receipt.
3.5.3 The client shall not be entitled to any claim or compensation for any stay cancelled by Smartvillas (Mauritius) Ltd due to compelling circumstances or situations that could put in risk the safety of persons or belongings and as a result or not of “force majeure” (war, riots, strikes or social unrest, natural disasters, etc.).
3.5.4 Any changes in the dates of the stay without express and prior agreement of Smartvillas (Mauritius) Ltd will be considered as cancellation of the initial booking.
However, the client can increase or reduce the number of occupants after having made a booking, with the addition or subtraction of a maximum of two persons and within the limits of the accommodation capacity of the villa. Only additional processing fees will be charged after payment of a deposit for any additional occupant.
3.6 Handing over of the Villa
3.6.1 If the client is not satisfied with the villa provided, he/she must notify Smartvillas (Mauritius) Ltd immediately upon arrival and prior to receiving the keys. Depending on the relevance of the reasons put forward by the client and subject to the availability of other alternatives, Smartvillas (Mauritius) Ltd will do its best to provide a replacement solution at an equivalent rate and of the level requested at the time of booking. The acceptance of a replacement villa implies that the client waives any right of claim.
3.6.2 The client commits him/herself to pay any additional costs involved in a change of villa which cannot be charged to Smartvillas (Mauritius) Ltd, including fees related to providing a replacement villa at a higher cost and quality level than initially agreed. The client shall pay the additional costs at the time of taking possession of the villa.
3.6.3 Taking possession of the villa materialises with the handing over of the keys to the client upon arrival and implies that the client waives any right to a refund of any sum paid to Smartvillas (Mauritius) Ltd, even if he/she decides to change accommodation or to leave the villa earlier than agreed.
3.7. Conditions of Stay
3.7.1 Inventory of Fixtures
An inventory will be conducted in presence of the client and of the representative of Smartvillas (Mauritius) Ltd at the beginning and at the end of the stay. This inventory will constitute the only reference in the event of any litigation regarding the state of the premises.
3.7.2 Enjoyment of the Villa
184.108.40.206 The villa is furnished and equipped for the number of occupants specified in the booking, with quality furniture and equipment in perfect state of maintenance and operation. The client commits him/herself to act responsibly and must ensure that the villa is handed back in the same state at the end of the stay.
220.127.116.11 The client shall not conduct any modification or transformation of any kind whatsoever to the villa or to the ancillary buildings without prior written authorisation of Smartvillas (Mauritius) Ltd shall not use the premises in a manner that is not compliant with the normal conditions of use. Obtaining an express authorisation of the owner of the premises in no way entitles the client to claim compensation. Smartvillas (Mauritius) Ltd also reserves the right to request from the client, and at the latter’s sole expense, to put the premises and their contents back in the stat that he/she found them upon arrival.
18.104.22.168 Each villa is designed to accommodate a certain number of occupants, as specified in the booking, and should in no case be used by a greater number of persons. If need be, Smartvillas (Mauritius) Ltd reserves the right to request the client and the persons accompanying him/her to leave the premises immediately and without notice. If the number of occupants is in excess of the number specified in the booking, this represents a valid reason for the termination of the contract without giving rise to any compensation of any kind to the client. Furthermore, the latter shall not be entitled to claim a refund of the days not utilised and any deposit paid shall remain the property of Smartvillas (Mauritius) Ltd by way of damages.
22.214.171.124 In the event that the client or any of the persons accompanying him/her commits a breach of the laws in force in Mauritius or does not respect the rules of behaviour in society and of respect for others, Smartvillas (Mauritius) Ltd reserves the right to request them to leave the premises immediately and without notice, without any entitlement to any claim for any compensation or refund of any kind. Smartvillas (Mauritius) Ltd also reserves the right to have recourse to the relevant authorities if required.
3.8. Extension of Stay
3.8.1 Any extension of stay beyond the date of departure specified in the booking is subject to the availability of the villa booked by the client or of alternative accommodation. The client shall, in addition, pay the additional rental costs and complete any procedures required for the extension of his/her stay (visa or other). Smartvillas (Mauritius) Ltd shall not in any case be held liable if the villa booked is unavailable or in the event that the client fails to fulfil the required conditions for the extension of his/her stay beyond the departure date agreed at the time of booking.
3.8.2 If the client or a person accompanying him/her is forced to extend his/her stay due to weather or other conditions of a serious nature preventing them from being transported or repatriated, Smartvillas (Mauritius) Ltd will do its very best to provide a commercial solution that would enable him/her to complete his/her stay in a pleasant way.
3.9.1 Smartvillas (Mauritius) Ltd shall not be held liable and shall not accept any claim of any kind if a villa booked is unavailable at the agreed date due to external, weather or other conditions, or for reasons beyond its control. In such an event, Smartvillas (Mauritius) Ltd will do its best to provide the client with a replacement solution at a price and quality level at least equivalent to those requested at the time of booking.
3.9.2 The responsibility of Smartvillas (Mauritius) Ltd shall also not be engaged in the event of any breakdown or malfunction of any kind and nature whatsoever in water and/or electricity supply. Smartvillas (Mauritius) Ltd however commits itself to do its best and to contact the relevant authorities to restore the supply within the shortest possible time.
3.9.3 In addition, Smartvillas (Mauritius) Ltd shall not be held liable for any bodily or material damage sustained by the client, by any of the people accompanying him/her, or by their personal belongings while taking part in any activity even if the said activity is proposed or recommended by Smartvillas (Mauritius) Ltd. The client commits him/herself to contract an insurance policy for him/her and any accompanying person. The said policy shall cover any risk of damage, any medical or surgical expenses that may result thereof and if required, the eventual repatriation of the client or of any person accompanying him/her.
3.9.4 The client remains solely responsible for any use that could be made of the furniture and equipment made available in the villa or ancillary buildings. Except in cases of major force, the client will be held liable for any damage caused to the furniture and equipment and shall bear the cost of repair or replacement with identical or equivalent furniture or equipment.
3.10 Travel Procedures
The travel procedures (arrival and departure) remain the sole responsibility of the client and are at the sole expense of the latter. Smartvillas (Mauritius) Ltd does not accept any responsibility regarding such procedures, namely airport check-in and return flight reconfirmation.