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Terms and Conditions

 

Terms and Conditions 

Definitions 

“Agreement” means these Terms and Conditions.

“Accommodation” means a place (such as a room in a house or appartment) where any User(s) can stay, sleep and find other services, and as available on the Website for any User(s) to book.

“Conditions” means the terms of how you may use the Website.

“SUNUTI” means Fiesta Ventures Limited, the company which owns and administers the Website.

“Parties” means SUNUTI, Provider(s) and User(s) whether jointly or independently.

“Property” means a place (such as a house or an apartment) that is listed on the Website, the term also extends to include “Accommodation” as defined above.

“Provider” means third party supplier of Accommodation(s) including, among others, villas, apartments and condos landlord’s or agents.

“Fiesta Ventures Limited” means the Owner, Administrator and Data Controller of the Website (includes “us”, “we” or “our”).

“User” means whosoever shall use the Website for whatever reason.

“We”, “us” and “our” means SUNUTI.

“Website” means the website owned and administered by Fiesta Ventures Limited under the brand SUNUTI and located at www.SUNUTI.com

“You” and “your” means you as a User of the Website and all persons on the booking confirmation processed by any User(s) (including anyone added or substituted at a later date).

Introduction 

Fiesta Ventures Limited, herein referred to as SUNUTI, a Limited Company, Incorporated in England and Wales, (Number 11054909) with Registered Address at 106 Finborough Road 106 Finborough Road, London, United Kingdom, SW10 9ED.

These terms and conditions explain how you may use the Website across any device.

They also cover the terms and conditions for the relationship between any User(s) and Provider(s) brought together via the Website and the relationship between SUNUTI and any User(s).

By accessing or using the Website, or otherwise indicating your consent, you agree to be bound by these terms and conditions as well as our Privacy Policy.

If you do not agree with or accept any of these terms and conditions you should stop using the Website immediately.

By using or accessing the Website you agree to the following terms and conditions:

Use of the Website 

This Website is a place where Users can view listings of, and obtain information about, properties offered for sale and rent (“Properties”). We may also offer other tools or services to allow users to communicate with each other and to enter into rental agreements or other transactions with each other.

You may only use the Website to make legitimate enquiries or bookings and you hereby undertake not to make any speculative, false or fraudulent booking or any booking in anticipation of demand. You also undertake to provide correct and accurate email address, postal address and/or other contact details to SUNUTI and acknowledge that SUNUTI may use these details to contact you in the event that this should prove necessary.

SUNUTI is not, and does not become, a party to any contractual relationship between the User and the Provider, and does not mediate between the User and the Provider in the event of any dispute arising between them. You acknowledge and agree that the User and the Provider will be responsible for performing the obligations of any such agreements, that SUNUTI is not a party to such agreements, and disclaims all liability arising from or related to any such agreements.  This is true even if the Website facilitates a booking for a Property or the use of other tools, services or products, as SUNUTI is not a party to any rental or other agreement between Users and Providers.

How it Works 

The Website is made up of Property Listings provided by local Estate Agents and content from other third parties. Such content is the responsibility of the Owner or third party creator of the content. We have no responsibility for such content as we are merely providing access to the content as a service to you and providing you with the facility to source Property and make bookings with the Provider for the rental or purchase of such Property. All bookings you make are made directly with the Provider and your contract will be with the Provider. Any such contract will govern your right to occupy and use the Property, and may contain obligations to pay additional fees and taxes. SUNUTI is not a party to any such contract and SUNUTI has no liability to you for the Provider’s provision of the Property.

User(s) will be able to conduct Accommodation searches for their destination and dates. A list of search results will be generated and User(s) can then choose Accommodation(s) from the search results. Furthermore User(s) will also be able to conduct searches for Property for sale.

User(s) can access further information on the Accommodation(s) by selecting the Accommodation(s) from the search results. The page containing further information on the Accommodation(s) is also the stage any User(s) must use to proceed further to book or view the Accommodation(s).

Upon selection of the Accommodation(s), User(s) will proceed to book by making the purchase through checkout or by direct contact with one of our agents and by providing their personal and payment details.

Successful payment by valid bank transfer or bank card generates a booking confirmation for the Accommodation(s) which any User(s) can take to the Accommodation(s) for check in purposes.

SUNUTI charges a service fee payable by the Providers when a Property is rented or sold via the Website. The service fee covers the use of the Site, including such features as support, and is calculated as a percentage of the total rental amount (which may include additional fees and damage deposits charged by the Provider). Depending on the laws of the jurisdiction where the User and/or Provider resides, the service fee may be subject to (or may include) VAT, Stay Taxes, or any other equivalent indirect taxes that are applicable.  Providers agree not to encourage or advise a User to avoid or circumvent the service fee charged by SUNUTI, and User agrees not to avoid or circumvent the service fee.

 

Individual Travel Products 

SUNUTI is not a tour operator which means we neither arrange nor combine nor package (as defined by Package Travel, Package Holidays and Package Tours Regulations 1992) travel products. We provide a search facility to enable your connection to the Provider(s) who does arrange travel products. Each Accommodation you choose is a separate booking, independent of other Accommodation booked at the same time. Where you book more than one Accommodation, these are not a package (as defined by Package Travel, Package Holidays and Package Tours Regulations 1992).

Making a Booking 

Any booking made by you shall be deemed to be an offer by you to purchase the Accommodation(s) subject to both SUNUTI’s terms and conditions and the specific booking conditions of your relevant Provider(s). It is your responsibility to ensure that you have read, understood and agree with both prior to booking. No contract between you and the Provider(s) shall come into existence until SUNUTI (a) issues a booking reference number; (b) issues a booking confirmation by email; and (c) receives payment in full.

Group Bookings 

If larger groups want to be sure of sufficient availability at any Accommodation(s), they should contact our office by phone on +44 20 7016 9878. If two or more parts of the same group book online on two or more separate bookings, we cannot guarantee that the two or more bookings will be confirmed and availability at the Accommodation(s) will be available for the two of more bookings.

When Contract is Made 

By clicking to book and entering your personal and payment details on the Website, you are requesting us to make a booking confirmation with the Provider(s) to purchase the Accommodation(s) on your behalf.

At this point we immediately contact the Provider(s). Each Provider will still require a short period of time to confirm that your chosen Accommodation(s) is still available. Should the Accommodation(s) be available as detailed on the Website, then you have entered into a legally binding contract to purchase the Accommodation(s) subject to SUNUTI’s terms and conditions and the Provider’s booking conditions.

Once we have received confirmation of your booking from the Provider(s), we will contact you via email to let you know that your booking for the Accommodation(s) has been confirmed. The contract is formed when the Provider(s) issues their booking reference number. Please note that once your booking has been confirmed to us, you can only cancel the booking in accordance with the relevant Provider’s booking cancellation conditions which may involve cancellation charges. Equally you may also be subject to SUNUTI’s cancellation charges if these apply.

Accommodation

All Accommodation, featured on the Website, is booked through the Provider(s) named on your booking confirmation.

If you have a complaint while you are staying at the Accommodation you must inform the Accommodation’s management immediately in order to give them the chance to resolve the problem. If the issue is not resolved to your satisfaction, please contact SUNUTI by email on info@sunuti.com

The dates and times of your Accommodation(s) will be included on your booking confirmation (please check this carefully).

Special Requests and Requirements 

We are happy to pass on any special requests you may have to the Provider(s) or the Accommodation(s) concerned with your booking. Please note that while the Accommodation(s) will make every effort to fulfil your requests they cannot be guaranteed. Special requests do not form part of your contract with the Provider(s).

If you have any specific requirements when booking your Accommodation(s) because you or any member of your party is disabled or less mobile, then you must ensure you have chosen and researched your Accommodation(s) carefully. It is advisable for you to contact SUNUTI by email on info@sunuti.com prior to making an online booking so you can inform us of your mobility issues and we can advise on the most suitable options for your party.

Privacy Policy 

When you make a booking, your email address, credit/debit card information and contact details are processed by a third-party payment gateway. Information is not passed to the Provider(s).

All details held at SUNUTI follow our strict Privacy Policy and are never shared with third parties (other than when you make a booking and are shared with the Provider(s)).  A copy of our Privacy Policy is available upon request

Accommodation Reviews 

Reviews featured on the Website are not intended as advice and should not be relied upon as such. We, therefore, disclaim all liability and responsibility arising from any reliance placed on such information. If you have any concerns or queries about reviews which appear on the Website, please contact SUNUTI by email on info@sunuti.com

Amendments and Cancellations

There is no universal amendment, cancellation and no-show policies. They will vary by Accommodation and will depend on many factors including but not restricted to travel dates, accommodation type and events. As a result, SUNUTI will display each specific amendment and cancellation policy, after a search has been performed, on the booking review and payment page for each individual Accommodation. It will also be confirmed in your booking confirmation email.

Should you wish to amend or cancel your booking, you must call SUNUTI on +44 20 7016 9878.

Please note incorrect information on any documentation received from us, including specifically the booking confirmation email, must be brought to the attention of SUNUTI immediately. Please contact SUNUTI by email

If you book non-refundable Accommodation(s) you will not be able to cancel nor amend your booking and no refund will be available. Deposit payment options are not available on bookings. Full payment is required at the time of booking.

If you do not arrive at the Accommodation(s) on the date on which you are due to arrive, the Accommodation(s) may mark your booking as a “no-show” and release the room or property for re-sale.

Should you leave the Accommodation(s) earlier than the date on which you booked to leave, then you may be entitled to cancel or amend the booking from the time when SUNUTI receives notification from you during SUNUTI working hours being 9am to 5pm GMT. All such cancellations and amendments are subject to, most often than not, you incurring the charge for the next twenty-four hours after SUNUTI’s receipt of notification. Please note that this is a guideline and is actually decided on a case by case basis and is subject to the Accommodation’s discretion/policy at the time of your stay.

Amendments, Cancellations and Curtailment by the Accommodation 

In the very unlikely event that the provider cannot provide the booked Accommodation, you understand that the provider responsibility is to find alternative accommodation of at least a similar standard, and provide transportation as appropriate to this alternative accommodation. SUNUTI takes every precaution to ensure the Accommodation is professionally managed so that any such occurrence is extremely rare. SUNUTI shall have no liability in respect of any other costs, losses or damages existing out of or in connection with relocation of accommodation since such relocation is outside SUNUTI’s control.

Taxes

You acknowledge that while SUNUTI and/or the Provider(s) will take care of accommodation taxes where applicable, the local authorities in some countries may impose certain additional taxes (e.g. tourist tax, city tax, local tax, etc.), which have to be paid locally (e.g. at the Accommodation), as these are for local service. You are exclusively responsible for paying such additional taxes.

Payments 

We reserve the right to levy handling and transaction fees on all bank card payments in line with SUNUTI company policy to cover processing and administration costs. Please note Sunuti do not accept payment by cash or cheque.

Accommodation Costs 

When you receive your booking confirmation, SUNUTI accepts responsibility for paying the Provider(s) for your Accommodation costs and, therefore, cannot accept any responsibility for any User(s) who pay directly to the Accommodation.

Discounted Rates

Supplements are sometimes imposed on the Accommodation(s) which means that the price advertised on the Website may be higher than the Accommodation’s published rate. This can happen at any period when rooms are very scarce. SUNUTI will only sell Accommodation(s) at a price higher than the published rate if it feels that a User’s interest is better served by having this Accommodation(s) available rather than finding nothing available at all.

Price Changes 

SUNUTI reserves the right to revise all published prices on the Website at any time and for any reason. However, no change in price will be made once a booking has been confirmed.

Passports and Visas 

British nationals should note that most countries require a passport to remain valid for a minimum period after the return date to the UK (normally six months). If your passport is in its final year of validity, you should check with the Embassy of the country you are visiting, otherwise travel may be denied. As it is not possible to claim against your insurance cover should travel be refused in these circumstances, we suggest you allow plenty of time to make these checks. It is your responsibility prior to booking to ensure that you have a valid passport.

Overseas nationals are responsible for ensuring that their passport allows travel to their chosen destination. If you hold an overseas passport you must ensure that you are in possession of any visa necessary to enter the country of your chosen destination. Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates.

Neither SUNUTI, nor the Provider(s), accept any responsibility or can be held liable for any loss incurred in the event you cannot reach your Accommodation(s) because you have not complied with any passport, visa or immigration requirements. You are advised to check with the relevant visa departments of the countries you wish to visit.

Health 

Please be aware that you are responsible for any inoculation requirements for your destination. You may wish to obtain a copy of a useful booklet called Health Advice for Travellers (T7.1) available to download from www.dh.gov.uk. Up to date travel advice can also be obtained from the UK government’s official website at www.gov.uk/foreign-travel-advice. You should check with your own doctor for any health formalities required for your trip or for your specific circumstances.

Insurance

We recommend that you take out adequate travel insurance. Adequate insurance cover should cover you and your party against the cost of cancellation by you before you travel; the cost of assistance (including repatriation) in the event of accident or illness; loss of luggage and money; and other expenses. We accept no liability arising from your failure to obtain adequate insurance cover.

Complaints Procedure 

We hope your travel arrangements run as smoothly as possible and you enjoy your time at the Accommodation(s). If you have a complaint regarding the Accommodation while you are staying at the Accommodation, you must inform the Accommodation’s management immediately in order to give them adequate opportunity to rectify the situation or to resolve the problem from the outset. If you fail to follow this procedure, there will be less opportunity to investigate and rectify your complaint.

Where any such complaint is not rectified to your satisfaction by the Accommodation in question, you should contact SUNUTI immediately by email on info@sunuti.com and SUNUTI will endeavour to assist.

SUNUTI acts as a booking agent and introducer only. SUNUTI will contact the Provider or Accommodation on your behalf to try to resolve your complaint.

Should you remain unsatisfied a further complaint should be made in writing to SUNUTI not later than seven days after termination of the stay. Where possible, the written complaint to SUNUTI should be supported by photographs or other written/visible proof of the complaint about the Accommodation.

Data Protection 

We take responsibility for ensuring proper security measures are in place to protect your personal information. The booking information that you provide to us will be passed on only to the Provider(s) of your Accommodation(s) or other persons necessary for the provision of your Accommodation(s). The information may, therefore, be provided to public authorities if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.

If you travel outside the European Economic Area (EEA), data protection controls may not be as strong as in the United Kingdom. If we cannot pass this information to the relevant Provider(s) or Accommodation(s), whether in the EEA or not, we will be unable to complete your booking. In making this booking, you consent to this information being passed on to the relevant persons.

Never share your booking reference number with anyone that you do not want to be able to administer your booking. When you have finished in the “Bookings” section of the Website, always click on the “Log Out” button shown on the Website to exit the application and prevent further access to your account. When using a public computer (such as in a library, school or workplace), also close the web browser when you are finished with your session. SUNUTI cannot be held responsible where changes are made to your booking without your permission if they have been made by someone with access to your booking reference number.

We may also contact you from time to time with details of any SUNUTI news or special offers we may have available.

Accuracy of Information 

SUNUTI and the Provider(s) have taken reasonable care to ensure that the content of the Website including all Accommodation information, city information and listings are accurate. The Accommodation information and listings are compiled from information provided to the Provider(s) by the Accommodation(s) that are listed. SUNUTI publishes such information in good faith. You acknowledge and accept that SUNUTI cannot be held responsible for any inaccuracies in such information, nor can liability be accepted for changes to amenities or facilities which are not notified to SUNUTI by the Accommodation(s) in question. You also acknowledge that while SUNUTI endeavours to keep accurate and up-to-date all information contained on the Website, SUNUTI cannot be responsible for errors, omissions or misleading information contained in the Accommodation listings or information.

Errors on the Website

Prices and availability are subject to change without notice. Errors will be corrected where discovered, and SUNUTI reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after a booking has been submitted and whether or not the booking has been confirmed and your bank card charged. If your bank card has already been charged for the purchase and your booking is cancelled, SUNUTI will issue a credit to your bank card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.

Indemnity

You agree to indemnify and hold harmless SUNUTI from and against any liability, damage or loss including legal fees and expenses that SUNUTI incurs or suffers as a result of any action, inaction or omission by you.

Consequential Loss

Under no conditions and in no event shall SUNUTI or the Provider(s) be liable for any consequential or special damages or losses, however arising, (including, but not limited to negligence or breach of these terms and conditions or otherwise) or for any loss of data, profit, revenue or business, howsoever caused even if that loss or damage was foreseeable by, or the possibility of it was brought to the attention of SUNUTI.

System Integrity

The usage of any device, routine or software which inhibits or interferes with the running of the Website or any booking concluded upon it, is prohibited. Any action which creates a load on the Website or infrastructure which may be considered unreasonable or disproportionate, is prohibited.

No Guarantee of Continuous Access to the Website 

SUNUTI does not guarantee continuous access without interruption to the Website, nor does SUNUTI guarantee secure access to its services. The performance of the Website may be interfered with by factors outside its control.

Unauthorized Use of the Website Without Limitation 

The Website and its content are protected by copyright. You may not copy or reproduce any information within the Website for any reason whatsoever unless authorised by SUNUTI.

Hyperlinks and Third Party Websites 

The Website may contain hyperlinks or references to third party websites that are deemed relevant. Any such websites or hyperlinks are provided for your convenience only. SUNUTI has no control over third party websites and SUNUTI accepts no legal responsibility for any content of these third party websites.

If you have any questions or concerns, please contact SUNUTI by email

Relationship

The Parties are independent businesses and not a joint venture, partners, or employer and employee.

Assignment 

Neither party may assign its rights or obligations under these terms without the prior written consent of the other.

Amendment to These Terms and Conditions

SUNUTI reserves the right to amend these Terms and Conditions at any time. Updates will be effective five days after they are posted on the Website. This Agreement cannot otherwise be altered without prior consultation with SUNUTI.

Severability

The unenforceability of any part of these Terms and Conditions will not affect the enforceability of any other part.

Waiver

No delay, act or omission by either party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

Rights of Third Parties

These Terms and Conditions will bind and benefit each party’s successors and personal representatives. Subject to that, this Agreement is not enforceable by any third party under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Entire Agreement

These Terms and Conditions represent the entire Agreement between the Parties in relation to its subject. No other terms apply.

Governing Law & Jurisdiction 

This Agreement will be governed by the law of England and Wales.

Disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.

Force Majeure 

Force Majeure means an event or sequence of events beyond a party’s reasonable control preventing or delaying it from performing its obligations hereunder. Inability to pay is not Force Majeure.

A party will not be liable if delayed in or prevented from performing its obligations due to Force Majeure, provided that it: promptly notifies the other of the Force Majeure event and its expected duration, and uses reasonable endeavours to minimise the effects of that event.

If, due to Force Majeure, a party: is or will be unable to perform a material obligation; or is delayed in or prevented from performing its obligations for a continuous period exceeding one day, the Parties will, within one business day, renegotiate the Agreement to achieve, as nearly as possible, the original commercial intent.

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