This booking and cancellation policy governs all reservations of private estates, yachts and travel programmes arranged through Unique Villas Collection Ltd.

UNIQUE VILLAS COLLECTION LTD

Registered in England and Wales  ·  Company No. 15759075

ICO Registration No. ZB823986

BOOKING AND CANCELLATION POLICY

Private Estates  ·  Superyacht Charter  ·  Bespoke Travel Programmes

Effective date1 January 2025
Replaces version1 January 2026
Next review date1 January 2027
CompanyUnique Villas Collection Ltd
Company number15759075 (England and Wales)
ICO registrationZB823986 (UNQ Villas Collection LTD)
Governing lawLaws of England and Wales
Booking contactbookings@uniquevillascollection.com
Legal contactlegal@uniquevillascollection.com
IMPORTANT — PLEASE READ CAREFULLY BEFORE CONFIRMING ANY BOOKING This Booking and Cancellation Policy forms part of the legally binding agreement between Unique Villas Collection Ltd and any Principal or Owner engaging the Company’s services. It is to be read in conjunction with the Company’s Terms and Conditions of Business (Version 2.0), Privacy Policy and AML Policy, all available at uniquevillascollection.com. In the event of any conflict between this Policy and the Terms and Conditions of Business, the Terms and Conditions of Business shall prevail. By confirming a booking or paying a deposit, you confirm that you have read, understood and agree to be bound by this Policy in its entirety.

Part 1 — Definitions

1.1  In this Booking and Cancellation Policy, the following definitions apply in addition to those set out in the Company’s Terms and Conditions of Business:

TermMeaning
“Booking”A confirmed reservation of a Property or Vessel by a Principal, evidenced by the Company’s written confirmation and the receipt of the required Deposit.
“Deposit”The initial payment required to secure a Booking, being 50% of the Total Rental Amount, or 100% in the case of a Late Booking as defined below.
“Total Rental Amount”The aggregate rental consideration payable for the Property or Vessel, inclusive of all mandatory charges and supplements specified at the time of booking, but exclusive of any discretionary extras, optional services or the Security Deposit.
“Balance Payment”The remaining 50% of the Total Rental Amount, payable no later than 60 days prior to the Arrival Date.
“Arrival Date”The date on which the Principal’s occupancy or charter is scheduled to commence, as confirmed in the Booking.
“Departure Date”The date on which the Principal’s occupancy or charter is scheduled to conclude, as confirmed in the Booking.
“Late Booking”Any Booking made 60 days or fewer prior to the Arrival Date.
“Security Deposit”The refundable damage deposit held by the Company or Owner against potential damage, breakage or incidental costs arising during the Principal’s stay or charter.
“Check-Out Inspection”The inspection of the Property or Vessel conducted by or on behalf of the Owner following the Principal’s departure to assess the condition of the asset.
“Cancellation Date”The date on which the Company receives written notification of cancellation from the Principal at bookings@uniquevillascollection.com.
“Force Majeure Event”An event or circumstance beyond a party’s reasonable control as defined in Clause 7 of this Policy and Clause 16 of the Terms and Conditions of Business.

1.2  References to days are to calendar days unless otherwise specified. References to the Arrival Date are exclusive of that date for the purposes of calculating notice periods. All monetary amounts are stated exclusive of Value Added Tax unless otherwise indicated.

Part 2 — Reservation and Payment Schedule

Clause 2 — How a Booking is formed

2.1  A Booking is not confirmed, and no contractual obligation arises on the part of the Company or Owner to hold a Property or Vessel, until the following conditions have been satisfied in full:

  • the Company has issued a written Booking Confirmation to the Principal;
  • the Principal has paid the Deposit in cleared funds to the Company within the timeframe specified in Clause 3.3; and
  • the Principal has completed all identity verification and Customer Due Diligence (CDD) requirements pursuant to the Company’s AML Policy.

2.2  Until these conditions are satisfied, the Property or Vessel remains available for enquiry and booking by other parties. The Company does not hold any Property or Vessel on a tentative or provisional basis.

2.3  The Booking Confirmation will specify: the Property or Vessel; the Arrival Date and Departure Date; the Total Rental Amount; the Security Deposit amount; the payment schedule; and any special conditions applicable to the specific booking.

Clause 3 — Payment schedule

3.1  The following standard payment schedule applies to all Bookings, subject to variation by the terms of any applicable Services Agreement or specific conditions stated in the Booking Confirmation:

PaymentAmountDue date
Deposit50% of the Total Rental AmountWithin 48 hours of the Company issuing a Booking Confirmation
Balance Payment50% of the Total Rental AmountNo later than 60 days prior to the Arrival Date
Security DepositAs specified in the Booking ConfirmationPrior to check-in, by bank transfer or card pre-authorisation
Late Booking (full payment)100% of the Total Rental Amount — strictly non-refundableImmediately upon Booking Confirmation; booking is not held pending payment

3.2  All payments must be made by bank transfer, verified card transaction or such other traceable payment method as the Company may specify. The Company does not accept cash payments under any circumstances, consistent with its obligations under the Money Laundering, Terrorist Financing and Transfer of Funds (Information on the Payer) Regulations 2017.

3.3  Deposit payment window: where the Company issues a Booking Confirmation, the Principal must pay the Deposit within 48 hours of that confirmation. If cleared funds are not received within this period, the Booking Confirmation shall be deemed automatically withdrawn, the Property or Vessel shall be released for booking by other parties, and the Company shall bear no liability to the Principal.

3.4  Balance Payment: where the Balance Payment is not received by the Company in cleared funds within 24 hours of the due date specified in the Booking Confirmation, the Company reserves the right, without further notice, to cancel the Booking and treat it as a Principal cancellation pursuant to Clause 5. In such circumstances, all amounts already paid shall be subject to the cancellation fee schedule in Clause 5.2.

3.5  All sums payable under this Policy are exclusive of Value Added Tax. Where VAT is chargeable, it will be stated on the relevant invoice and must be paid in addition to the principal sum.

3.6  Late payment interest: any sum not paid on its due date shall accrue interest under the Late Payment of Commercial Debts (Interest) Act 1998 at 8% above the Bank of England base rate, accruing daily from the due date until the date of actual payment in cleared funds.

Clause 4 — Security Deposit

4.1  A Security Deposit is required for all Property and Vessel Bookings. The amount of the Security Deposit is determined by the Owner and will be communicated to the Principal in the Booking Confirmation. The Security Deposit must be paid prior to check-in by bank transfer or credit card pre-authorisation.

4.2  The Security Deposit is held as security against:

  • damage to the Property or Vessel or its contents, fixtures, fittings, equipment or inventory beyond fair wear and tear;
  • the cost of professional cleaning required beyond the standard post-stay clean, where the condition left by the Principal necessitates additional remediation;
  • the cost of replacing missing items from the Property or Vessel;
  • any other costs, charges or damages for which the Principal is liable under this Policy, the Terms and Conditions of Business, or any applicable Services Agreement.

4.3  Refund of Security Deposit: provided that the Check-Out Inspection reveals no damage, missing items or extraordinary cleaning requirements, the Security Deposit will be refunded in full within 14 business days of the Departure Date. The Company will provide written notification of the outcome of the Check-Out Inspection within 5 business days of the Departure Date.

4.4  Deductions from Security Deposit: where the Check-Out Inspection identifies damage, missing items or extraordinary cleaning requirements, the Company and/or Owner shall be entitled to deduct the reasonable cost of remediation from the Security Deposit without further notice. The Company will provide the Principal with written particulars of any proposed deduction and supporting evidence (photographs, receipts or professional estimates) within 14 business days of the Departure Date.

4.5  Excess liability: where the cost of damage, loss or extraordinary cleaning exceeds the Security Deposit, the Principal remains personally liable for the full amount of the excess. The Company reserves the right to pursue any shortfall through civil proceedings. Interest on any unpaid excess shall accrue from the date of written demand at the rate specified in Clause 3.6.

4.6  The Security Deposit is not a limitation on the Principal’s liability. The Principal’s total liability for damage or loss is not capped at the Security Deposit amount.

Part 3 — Cancellation by the Principal

SOLICITOR’S NOTE — CANCELLATION FEES AS LIQUIDATED DAMAGES The cancellation fees set out in this Part have been structured as genuine pre-estimates of loss and not as penalties, in accordance with the rule against penalties as restated by the Supreme Court in Cavendish Square Holding BV v Talal El Makdessi [2015] UKSC 67. They reflect the Company’s irrecoverable costs, lost commission, opportunity cost and the inherent difficulty of re-letting premium properties and vessels at short notice. All Principals are strongly advised to obtain comprehensive travel insurance including cancellation-for-any-reason cover before confirming a Booking.

Clause 5 — Cancellation procedure

5.1  All cancellations must be submitted in writing to bookings@uniquevillascollection.com. A cancellation is not effective until the Company has confirmed receipt of the written notice in writing. Verbal cancellations, cancellations communicated through a third party, or cancellations submitted to any other email address will not be accepted as valid notice.

5.2  The Cancellation Date for the purposes of this Policy is the date on which written notice of cancellation is received and acknowledged in writing by the Company.

Clause 6 — Cancellation fee schedule

6.1  The following cancellation fees apply to all Bookings. All percentages are calculated on the Total Rental Amount:

Notice period (before Arrival Date)Cancellation fee payableAmount retained / refunded
At any time from the moment of Booking50% of Total Rental Amount (the Deposit) is non-refundable from the moment the Booking is confirmedThe Deposit is retained in all cases as a genuine pre-estimate of the Company’s irrecoverable planning, coordination and opportunity costs
More than 90 days prior to Arrival50% of Total Rental Amount (Deposit only — no additional charge)Balance Payment (if already paid) refunded in full, less any irrecoverable third-party costs already committed by the Company
60 to 90 days prior to Arrival75% of Total Rental Amount25% of Total Rental Amount refunded, less irrecoverable third-party costs
30 to 59 days prior to Arrival90% of Total Rental Amount10% of Total Rental Amount refunded, less irrecoverable third-party costs
Fewer than 30 days prior to Arrival100% of Total Rental Amount — no refundNo refund. Full amount retained as liquidated damages
No-Show (failure to arrive without prior written notice)100% of Total Rental Amount — no refundNo refund. Full amount retained as liquidated damages
Late Booking (booked 60 days or fewer prior to Arrival)100% of Total Rental Amount from the moment of Booking — strictly non-refundableNo refund under any circumstances except a Force Majeure Event as defined in Clause 7

6.2  The cancellation fee schedule in Clause 6.1 represents a genuine pre-estimate of the losses incurred by the Company as a result of cancellation, having regard to: the irrecoverable time spent in planning, sourcing and coordinating the booking; commissions and fees payable to third-party operators; the difficulty of re-letting premium Properties and Vessels at short notice; and the opportunity cost of holding the asset unavailable to other Principals. The parties agree that these amounts are not penalties within the meaning of English law.

6.3  Any Balance Payment or other sum already paid by the Principal at the time of cancellation shall be set off against the applicable cancellation fee. Where the cancellation fee exceeds the sums already received by the Company, the outstanding balance shall become immediately due and payable as a debt.

6.4  Modifications to confirmed Bookings: any reduction in the duration of a stay, change of dates, or downgrade of the Property or Vessel requested within the applicable cancellation period will be treated as a cancellation of the affected nights or element of the programme. The cancellation fee for each cancelled night or element will be calculated by reference to the pro-rated nightly rate and the applicable cancellation tier at the date of the modification request.

6.5  Date changes and transfers: a request to change Arrival or Departure Dates will be accommodated subject to availability and at the Company’s discretion. Where a change is agreed, it will be confirmed in writing. If a requested date change cannot be accommodated and the Principal elects to cancel, the standard cancellation fee schedule applies from the original Booking date.

6.6  The Security Deposit is not included in the Total Rental Amount for the purposes of this cancellation fee schedule and will be returned to the Principal in accordance with Clause 4, irrespective of the outcome of a cancellation, provided no damages or deductions apply.

Clause 7 — Force Majeure cancellation

7.1  A Force Majeure Event for the purposes of this Policy means an event or circumstance beyond the reasonable control of the affected party that could not have been foreseen or avoided by reasonable steps, including but not limited to: acts of God; earthquake, flood, tsunami, volcanic eruption or other natural disaster; war, armed conflict, civil unrest or terrorism; pandemic or epidemic declared by a recognised international or national public health authority (including the World Health Organisation or the relevant national government); port or airport closure by governmental order; or lawful act of a governmental or regulatory authority directly preventing travel to the destination.

7.2  A Force Majeure Event does not include: personal illness, injury or medical emergency of the Principal or a member of their party (for which travel insurance is the appropriate remedy); industrial action by transport providers; personal financial difficulty; or any event that was foreseeable at the time the Booking was confirmed.

7.3  Where a Force Majeure Event prevents the Principal from taking up a confirmed Booking, the Principal must notify the Company in writing at bookings@uniquevillascollection.com as soon as reasonably practicable, with supporting evidence of the Force Majeure Event.

7.4  Upon receipt of valid written notice and supporting evidence, the Company will offer the Principal one of the following remedies, at the Company’s election having regard to availability and the nature of the Force Majeure Event:

  • a date transfer, whereby the Booking is moved to equivalent dates in the following calendar year at the current year’s rate and subject to availability; or
  • a credit voucher equal to 100% of the Total Rental Amount paid (excluding the non-refundable Deposit in respect of the Company’s committed costs), valid for twelve (12) months from the date of issue, redeemable against any future booking subject to availability and prevailing rates.

7.5  Where the Principal declines both of the remedies offered under Clause 7.4, or fails to respond within 14 days of the Company’s written offer, the Booking shall be treated as cancelled without remedy and no refund shall be payable.

7.6  The Company reserves the right to require documentary evidence of any alleged Force Majeure Event before offering any remedy. The provision of false or misleading evidence in connection with a Force Majeure claim will be treated as a material breach of the Terms and Conditions of Business.

Part 4 — Cancellation by Owner

Clause 8 — Owner’s obligations in the event of cancellation

8.1  An Owner may only cancel a confirmed Booking in the following circumstances:

  • a Force Majeure Event directly affecting the Property or Vessel that renders it unavailable or unsafe for occupation or charter, as defined in Clause 7 of this Policy;
  • an emergency requiring immediate remediation (including structural failure, flooding, fire or mandatory public health closure), provided the Owner notifies the Company in writing at the earliest opportunity with full supporting particulars.

8.2  An Owner may not cancel a confirmed Booking on the grounds of a sale, re-letting, renovation, personal use, or any commercial reason. The Owner’s obligation to honour a confirmed Booking is absolute except in the limited circumstances in Clause 8.1. This provision is consistent with Clause 11 of the Company’s Terms and Conditions of Business.

8.3  In the event of a permissible cancellation by the Owner due to a Force Majeure Event or genuine emergency, the Company will:

  • notify the affected Principal in writing as soon as reasonably practicable;
  • use all reasonable endeavours to source a substitute Property or Vessel of equivalent or superior specification, subject to availability;
  • provide the Principal with a full refund of all sums paid if no suitable substitute is available and the Principal elects not to accept an alternative programme.

Clause 9 — Unjustified cancellation by Owner — penalties and indemnity

9.1  Where an Owner cancels a confirmed Booking for any reason not permitted under Clause 8.1, or fails to make the Property or Vessel available in accordance with the Booking Confirmation, such cancellation shall be deemed an Unjustified Cancellation.

9.2  In the event of an Unjustified Cancellation, the Owner shall be immediately liable to the Company for the following:

Owner Unjustified Cancellation — Financial Consequences The Owner shall pay to the Company: (a) 100% of the commission and fees that would have been earned by the Company on the cancelled Booking; (b) a minimum fixed penalty of €10,000 (ten thousand euros) as liquidated damages for the Company’s loss of business, damage to client relationships and reputational harm, which sum the parties agree represents a genuine pre-estimate of loss and not a penalty; (c) the full cost of any price differential (up to 40% of the original Total Rental Amount) where the Company sources an alternative Property or Vessel for the affected Principal at a higher cost; and (d) all reasonable legal and enforcement costs incurred by the Company in pursuing recovery.

9.3  The penalties in Clause 9.2 represent genuine pre-estimates of loss, having regard to the damage to the Company’s principal relationships, the irrecoverable time spent in planning and coordination, and the inherent difficulty of replacing premium Properties and Vessels at short notice. They are not penalties within the meaning of English law.

9.4  Where the Company sources an alternative Property or Vessel for the affected Principal, the Owner is liable for any additional cost incurred by the Company or the Principal insecuring accommodation or charter of equivalent or superior quality, up to a maximum of 40% above the original Total Rental Amount, in addition to the fixed penalty in Clause 9.2(b).

9.5  The Company’s right to recover the sums in Clause 9.2 does not limit or extinguish its right to recover additional damages where its actual loss exceeds those sums.

Part 5 — Third-Party Platform Policy

Clause 10 — Primacy of Company policy over OTA terms

10.1  Where a Property managed or represented by the Company is also listed on any third-party online travel or letting platform (“OTA Platform”), including but not limited to Airbnb, VRBO, Booking.com, or any equivalent platform, the following provisions apply.

10.2  The Owner acknowledges and agrees that the Owner’s obligations to the Company under these Terms — including its obligations in respect of confirmed Bookings, non-circumvention, commission payments and cancellation — take precedence over any conflicting terms, policies or requirements of any OTA Platform.

10.3  The Owner is solely responsible for ensuring that its conduct on any OTA Platform does not conflict with its obligations to the Company. Where a conflict arises, the Owner must comply with its obligations to the Company and, if necessary, accept any consequential sanction imposed by the OTA Platform.

10.4  Where a Principal books through an OTA Platform in respect of a Property introduced to them by the Company, the Company’s non-circumvention rights under the Terms and Conditions of Business apply with full force. The relevant provisions of the non-circumvention clauses in that document are incorporated herein by reference.

10.5  In the event of any ambiguity or conflict between the terms of this Policy and any OTA Platform’s terms, this Policy and the Company’s Terms and Conditions of Business shall be regarded as controlling.

10.6  The Company accepts no liability for any transaction conducted through an OTA Platform and is not responsible for that platform’s refund, cancellation or dispute resolution policies. Any Principal who books through an OTA Platform accepts that they are subject to both the OTA Platform’s terms and this Policy, and that this Policy will prevail in any conflict.

Part 6 — General Provisions

Clause 11 — Travel insurance

11.1  The Company strongly recommends — and in the case of travel programmes designed and managed under a private office retainer, requires as a condition of booking — that all Principals obtain comprehensive travel insurance prior to the commencement of any programme. Such insurance should include, as a minimum:

  • cancellation for any reason (CFAR) cover;
  • emergency medical expenses and evacuation to a facility of the Principal’s choice;
  • personal liability;
  • cover for valuables, personal effects and electronic equipment;
  • loss or delay of baggage;
  • charter yacht or aviation disruption cover where applicable.

11.2  The provision, adequacy and renewal of travel insurance is the sole responsibility of the Principal. The Company will not act as an insurer and will apply this Booking and Cancellation Policy strictly, regardless of whether a loss would have been covered by travel insurance.

Clause 12 — Accuracy of information provided by the Principal

12.1  The Principal warrants that all information provided to the Company in connection with a Booking — including identity documentation, payment details, contact information and details of the Principal’s party — is accurate, complete and not misleading at the time it is provided.

12.2  The Principal must inform the Company immediately of any change in the composition of their party, any special requirements or circumstances arising after the Booking is confirmed that may affect the delivery of the programme, and any health, medical or safety information relevant to the Principal’s stay or charter.

12.3  Failure to provide accurate information, or the deliberate withholding of material information, may result in cancellation of the Booking by the Company at the Principal’s risk and cost, and may constitute a breach of the Company’s AML obligations.

Clause 13 — Complaints procedure

13.1  Any complaint arising in connection with a Booking or the delivery of a programme must be notified to the Company in writing as soon as reasonably practicable, and in any event within 14 days of the conclusion of the stay or charter to which the complaint relates. Complaints submitted after this period may not be capable of effective investigation.

13.2  All complaints should be directed to legal@uniquevillascollection.com with full written particulars, including dates, the nature of the complaint and any relevant supporting evidence.

13.3  The Company will acknowledge receipt of a complaint within five (5) working days and will provide a substantive written response within 28 days of receipt.

Clause 14 — Governing law, jurisdiction and relationship to other documents

14.1  This Policy is governed by and construed in accordance with the Laws of England and Wales. Any dispute arising out of or in connection with this Policy shall be subject to the exclusive jurisdiction of the courts of England and Wales.

14.2  This Policy forms part of the legal framework governing the relationship between the Company and its Principals and Owners. It is to be read in conjunction with — and is subject to — the Company’s Terms and Conditions of Business. In the event of any inconsistency between this Policy and the Terms and Conditions of Business, the Terms and Conditions of Business shall prevail.

14.3  The most current version of this Policy is always available at uniquevillascollection.com/booking-policy. The Company reserves the right to amend this Policy at any time. Amendments take effect upon publication and apply to all Bookings confirmed after the date of publication.

CompanyUnique Villas Collection Ltd
Company number15759075 (England and Wales)
ICO registrationZB823986
Booking enquiriesbookings@uniquevillascollection.com
Legal enquirieslegal@uniquevillascollection.com
Websiteuniquevillascollection.com
Effective date1 January 2025
Version2.0 (Revised and Restated)

UNIQUE VILLAS COLLECTION LTD  ·  BOOKING AND CANCELLATION POLICY

Governed by English Law  ·  Company No. 15759075  ·  ICO Reg. ZB823986