Our Experience booking terms and conditions
Experiences are provided by independent local companies that are neither owned nor controlled by Hvar Away and for whom we act only as an agent. While we strive to maintain accurate descriptions of each Experience, providers may cancel or modify them at their discretion for various reasons, including health and safety concerns. Certain Experiences may entail risks or require a certain level of physical fitness. If uncertain, please contact us for guidance before confirming your booking. Additionally, ensure your travel insurance covers the activities involved.
As we act solely as an agent for the provider, your contract will be directly with the provider, governed by their terms and conditions, and separate from your holiday arrangements with us. Any issues or complaints (including any allegation of breach of contract or negligence) should be taken up with the Experience provider directly. While we'll offer support, we bear no liability regarding the provider's performance.
1. INTRODUCTION TO THESE TERMS
1.1. These are the terms and conditions which govern your booking of experiences or any other additional services (which we will refer to together as “Experience(s)” in these terms and conditions) with us. For the terms and conditions that govern your villa booking(s) with us, please visit this page.
1.2. Experiences are provided by companies or individuals who are wholly independent of us. In selling Experiences, we function solely as an intermediary for the independent third-party suppliers. Your contract for your booked Experience will be directly with the third-party supplier, referred to as the “Provider” in these terms and conditions.
1.3. Prior to making an Experience booking with us, we urge you to carefully review these terms and conditions. They outline who we are, how we sell Experiences to you, how you and the Provider may amend or cancel your booking, steps to take in case of issues, and other pertinent details.
1.4. By making any payment to us for an Experience booking, you unconditionally accept these terms and conditions.
2. OUR COMPANY AND CONTACT DETAILS
2.1. We are Hvar Away Limited, a company registered in England and Wales. Our company registration number is 14477470 and our registered office is at Savoy House, Savoy Circus, 78-80 Old Oak Common Lane, London, W3 7DA.
2.2. You can contact us by telephoning our team at +442039165615 or by writing to us at hello@hvaraway.com or at Hvar Away Limited, Savoy House, Savoy Circus, 78-80 Old Oak Common Lane, London, W3 7DA.
2.3. In the event that we need to communicate with you, we will do so via telephone or by sending written correspondence to the email address you provided during the booking process.
2.4. The term "writing" includes emails. Whenever we refer to "writing" or "written" in these terms, it refers to emails as well.
3. YOUR EXPERIENCE BOOKING
3.1. When you make an Experience booking with us, the person who is the individual named as the cardholder or account holder responsible for the initial payment of the Experience is the Lead Booker, and agrees on behalf of all persons in their group that will participate in the Experience that they collectively:
- have read, understand, and agree to these terms, and have the authority to do so;
- consent to our use of personal data in accordance with our Privacy Policy;
- are at least 18 years old and, where booking an Experience with a specific age restriction stated on the Experience web page, declare that they as Lead Booker are of the appropriate age to book the Experience; and
- accept financial responsibility for payment of the Experience booking on behalf of all persons in their group.
3.2. When you book an Experience, we act as an intermediary for the Provider of your selected Experience. Your contract is directly with the Provider, not with us. We are not responsible for the provision of the Experience; that responsibility rests with the Provider.
3.3. Upon your booking of an Experience, we facilitate a contract between you and the Provider of your chosen Experience. Your booking with us is governed by these terms and the specific terms and conditions of the Provider you contract with. The Provider's terms and conditions may restrict and/or exempt their liability to you.
4. MAKING AN EXPERIENCE BOOKING
4.1. You can initiate a booking of an Experience before you travel or during your stay with our team (via telephone or email). For all bookings where there is a deposit or full balance payable in order to confirm the booking, we will provide you with a payment link to facilitate the payment.
4.2. Your Experience booking is confirmed and a contract between you and the Provider will be established once we send you a Booking Confirmation on their behalf. Upon your request, a final invoice can be provided by the Supplier/Principal when you receive the Experience. All communication and documents will be sent to you via the email address provided at the time of booking.
4.3. Upon receipt of the Booking Confirmation and any accompanying documents, it is your responsibility to carefully review them. Should you notice any inaccuracies or omissions, please contact us immediately.
4.4. If neither we nor the Provider can accept your booking, we will notify you in writing. If payment has already been processed, we will promptly refund you. This could occur if the Experience is no longer available or if we have detected an error in the price or description of the Experience.
5. PRICING AND PAYMENTS
5.1. Prices for Experiences will be sent to you, upon your request, via email. Prices for certain in-villa Experiences (e.g. massage, yoga, and chef service) are also quoted in the villa’s guidebook, which will be sent to you once full payment for your villa booking has been received.
5.2. In certain instances, Providers retain the right to apply any price increases or additional charges that occur after booking, as outlined in their terms and conditions.
5.3. The prices for all Experiences are quoted and payable in euros (EUR) and, where you are required to pay your balance locally, you will need to pay in euros.
5.4. Despite our diligent efforts, it is possible that some of the Experiences advertised may be inaccurately priced. In cases where the actual price of the Experience on your booking date is lower than our stated price, we will charge the lower amount. However, if the correct price exceeds the amount quoted to you, we will seek your guidance before confirming your booking. In instances where a pricing error is glaring and could reasonably have been identified by you as an error, the Provider reserves the right to cancel your booking and refund any payments you have made.
5.5. The applicable payment method and payment terms depend on the Experience you have booked, and will be communicated to you at the time of booking. You will either need to pay a deposit at the time of booking and then the balance locally (in Euros) to the Provider, or we will take full payment (deposit at the time of booking and balance 60 days prior to your arrival date at your villa) or full payment at the time of booking (if within 60 days of your arrival). Where payments are made to us, we accept and encourage payments via payment links we provide, powered by Stripe. Stripe’s permitted payment methods are: debit/credit cards (including Visa, Mastercard, American Express, Diners, Discover) and wallets (including Apple Pay and Google Pay). We also accept payments via bank transfer upon your request. We are not responsible for any currency conversion charges or fees charged to you by your bank or any other financial institution.
5.6. For those Experiences where local payment is required, you must ensure that you are able to pay using a method that the Provider is able to accept. Note that many Providers only accept cash payments in euros and may not have credit or debit card facilities. If you are uncertain about the accepted payment method for your specific Experience, please ask us.
6. IF YOU WISH TO AMEND YOUR BOOKING
6.1. If you wish to make changes to your Experience booking, please get in touch with us. We'll liaise with the Provider and inform you of the feasibility of the change. Any alterations to your Experience booking must adhere to the Provider’s terms and conditions. If the change is viable, we'll inform you of any adjustments to the Experience price or any other necessary adjustments resulting from your requested change. We'll then seek your confirmation before proceeding with the change. Should the Provider be unable to accommodate the change or if the associated consequences, such as an increased price, are unacceptable to you, you may consider canceling your booking (refer to section 7).
6.2. Please note that certain Experiences cannot be changed or transferred after they have been confirmed and any change could incur a cancellation charge of up to 100% of the cost of the Experience and necessitate rebooking.
7. IF YOU WISH TO CANCEL YOUR BOOKING
7.1. You have the option to cancel your booking at any time before your scheduled arrival. To proceed with cancellation, the Lead Booker must notify us in writing via email at hello@hvaraway.com. Your cancellation notice will be deemed effective upon our receipt of it. Please note that cancellation charges will be applicable (as outlined below in clause 7.2), unless advised otherwise at the time of booking.
7.2. Where you cancel a confirmed Experience booking, cancellation charges shall apply and you will be required to pay those cancellation charges as set out in the table below. Where the cancellation charge is indicated as a percentage, it is calculated based on the total booking price displayed on your Booking Confirmation document.
- Days before your scheduled arrival date when we receive your cancellation notification
- Cancellation charge (as a % of total booking price)
- More than 60 days
- 0%
- 59 – 31 days
- 50%
- 30 days or less
- 100%
7.3. Should you cancel a chef service Experience or grocery shopping service Experience within 48 hours of the service's scheduled start time, and if the shopping has already been completed, you will also be responsible for covering the cost of the shopping upon presentation of the receipt.
7.4. For Experiences where the balance payment is due locally, you may need to pay a cancellation fee to the Provider directly in accordance with their terms and conditions.
7.5. In the event of a refund owed to you following a cancellation, we will reimburse you the total booking price you initially paid, minus the relevant cancellation charge, via the payment method you originally used.
7.6. Depending on the reason for cancellation, you may be able to reclaim any cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned and we are able to provide a cancellation invoice on behalf of the Provider upon your request.
8. IF THE PROVIDER NEEDS to AMEND or cancel your booking
8.1. As we act as a booking agent for the Provider, we have no liability to you in case the Provider alters or cancels your confirmed booking. However, upon becoming aware of such a scenario, we will promptly notify you if the Provider needs to make significant changes to your booking or cancel it. We will also facilitate communication between you and the Provider regarding any alternative Experience arrangements, though we will not assume further liability toward you.
8.2. If the Provider cancels your booking for any reason, we will endeavour to assist you in obtaining a refund from them. Once the Provider refunds your booking amount, we will promptly forward the funds to you, but only after we have received the refund from the Provider.
9. EVENTS BEYOND OUR CONTROL
9.1 Within these terms, "Events Beyond Our Control" refers to circumstances that are beyond our or the Provider’s influence, the repercussions of which could not have been avoided even with all reasonable precautions taken. Such scenarios may encompass, whether realised or impending: warfare, civil unrest, terrorist acts, labour disputes, natural or nuclear catastrophes, adverse weather conditions, flooding, outbreaks of disease (including, but not limited to, the ongoing effects of the COVID-19 pandemic), fires, closures, restrictions, or congestion at airports, ports, or airspaces, flight or entry constraints imposed by regulatory authorities or other entities, travel advisories issued by the FCDO against visiting specific destinations, and any other governmental travel restrictions.
9.2. Unless specified otherwise elsewhere in these terms, neither we nor the Provider bear any responsibility, including for compensation, costs, and expenses, in instances where the fulfilment of our obligations under these terms is impeded or affected by Events Beyond Our Control, resulting in any damage, expense, or loss to you.
10. OUR RESPONSIBILITIES
10.1. We are dedicated to selecting Providers, who provide the Experiences to you, with reasonable skill and care. In all the sales of Experiences, we serve as a booking agent on behalf of the Provider. As agents, we assume no responsibility for the actions or omissions of the Provider or for the Experiences they provide. Our responsibility is confined to making bookings as per your instructions. We bear no responsibility for any information about the Experiences conveyed to you in good faith. However, in the unlikely event that we are found liable to you for any reason, our maximum liability is capped at twice the cost of your booking (or the relevant portion thereof if not all members of the booking are affected). We do not exempt or limit liability for death or personal injury resulting from our negligence or that of any of our employees while performing their duties.
11. YOUR RESPONSIBILITIES
11.1. Please ensure you review all details of your selected Experience and verify its suitability for you at the time of booking. Certain Experiences (such as helicopter rides, rock climbing, boat tours, etc.) may entail a degree of risk or necessitate a certain level of physical fitness. If you have any uncertainties regarding the nature of the Experience (including any fitness requirements), please reach out to us so we can offer guidance before finalising your booking.
11.2. You are required to obtain comprehensive travel insurance for your Experience. It is your responsibility to ensure that the insurance policy you purchase is suitable and sufficient for your specific needs, covering all planned activities and safeguarding against cancellation, medical expenses, repatriation costs, and personal liability claims. If you intend to engage in additional activities such as Experiences during your trip, please verify your coverage beforehand. Please thoroughly review your policy details and carry them with you. Opting to travel without adequate insurance coverage absolves both us and the Provider from any liability for losses you may incur, which could have otherwise been covered by insurance.
11.3. We advise you to review the travel guidance provided by your country of residence before making a booking, to ensure you make an informed decision regarding travel to Croatia. Additionally, we recommend revisiting this guidance prior to your departure.
12. IF THERE IS AN ISSUE WITH YOUR EXPERIENCE
12.1. If you encounter any issues with your Experience while it is ongoing, it's essential for you to communicate this to the Provider. Additionally, you can reach out to us, and we will endeavour to assist you in addressing your claim or complaint on a goodwill basis, acting in our capacity as an agent.
12.2. Should you have a complaint or wish to pursue a claim, please notify us in writing within 21 days following your Experience. We will then reach out to the Provider on your behalf, solely in our capacity as an agent. As we operate as an agent on behalf of the Provider, we are not liable to you for any refunds or compensation payments, nor can such actions be executed without the Provider's authorisation.
13. website accuracy AND COPYRIGHT
13.1. We strive to offer accurate and current information on our website and in our Experience marketing materials. However, despite our best efforts, occasional changes and errors may occur. We cannot be held liable for such errors. Prices and details of Experiences are subject to change without prior notice and availability.
13.2. Our website and marketing materials contain copyright material, trade names, and other proprietary information, including, but not limited to, text, software, photos, graphics, and videos. The entire contents of the website are protected by copyright law. Unauthorised users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way use or exploit, maliciously or otherwise, any of the content, in whole or in part. Any breach of copyright and/or malicious action will result in appropriate claim for damages and costs.
14. MISCELLANEOUS
14.1. If any part of these terms and conditions is deemed unlawful by a court, the remaining sections will remain valid and enforceable. Each paragraph of these terms operates independently. If any court or relevant authority determines any part to be unlawful, the remaining paragraphs will remain in full force and effect.
14.2. These terms and conditions are governed by English law.
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