PART 1: RESERVATION TERMS AND CONDITIONS


INTRODUCTION AND GENERAL PROVISIONS


Your reservation and the accommodation agreement made with Five Elements EcoVilla (whether made by you directly with FEEV or via a third party such as a travel agent or Airbnb) will be subject to these Reservation Terms and Conditions and the Reservation Privacy Policy set out below.

When you make your reservation, whether online or by telephone, you will be deemed to have read, understood and accepted these Reservation Terms and Conditions and the Reservation Privacy Policy.

If you make your reservation via a travel agent, or other third party, then you have a separate legal relationship with that party and Five Elements EcoVilla has no liability for any acts or omissions of such party including their observance of your data protection rights.

When you make your reservation, you will be also deemed to have read, understood and accepted the terms and conditions for using the FEEV website (which shall mean www.fiveelementsecovilla.com or any related FEEV web pages or online media platforms accessible from it) and any relevant terms and conditions shall be deemed to be incorporated into your reservation and the accommodation agreement with Five Elements EcoVilla. The link to the terms and conditions for using the FEEV website is https://www.fiveelementsecovilla.com

All information regarding rooms, facilities, products and services offered at Five Elements EcoVilla contained on the FEEV website or otherwise available through the Reservations Facility has been provided to by Five Elements EcoVilla. FEEV does not make any representation or warranty, express or implied, of any kind with respect thereto. Such information may be inaccurate as a result of renovation or repair at Five Elements EcoVilla. The FEEV website may also contain typographical errors or omissions.



RESERVATIONS PROCEDURE AND POLICIES


1. Online reservations
The FEEV website and telephone facility enables you to check the accommodation offerings and availability of Five Elements EcoVilla (and related products and services), and then submit an online or telephone reservation request via Five Elements EcoVilla. On completion of the reservation process, the Reservations Facility will transmit an online or email confirmation of your reservation. A reservation is only valid when a reservation number has been issued. Relevant details relating to products and services must be confirmed by you directly with the SLH hotel including, for example, airport pick up and drop off times.

2. Hotel Prices
The prices indicated by Five Elements EcoVilla and telephone facility for Five Elements EcoVilla, products and services are subject to availability. Breakfast is only included if indicated in the rate policy. Taxes and service charges are only included if indicated in the rate policy.

3. Payment
It may be necessary for you to provide credit card details to secure a room, product or service reservation. The credit card may then be used by Five Elements EcoVilla for payment of a deposit as advised at the time of booking or as a guarantee for a future payment, in the case of a no-show, a cancellation or change to the reservation.

4. Cancellations and Amendments
You should make any cancellations or amendments to your reservation using the same Five Elements EcoVilla channel through which you booked, either online or by telephone. The cancellations and amendments policy that applies to your reservation will depend on the respective FEEV hotel's policy as advised at the time of booking.

5. Rate/Reservation Validity
Reservation confirmations are provided to you solely for your convenience. Five Elements EcoVilla retains official records of reservation transactions, including details of dates of stay and room, product and service rates. In the event of discrepancies, alterations, modifications, or variations between this confirmation and our official records, FEEV’s official records shall prevail. Tampering with this confirmation to alter any room, product or service rate or any other reservation information is strictly prohibited and will have legal consequences.

6. Early Departure
Some FEEV hotels have an early departure penalty fee and some room, product and service rates may also require a minimum stay. You may change your check out date without a penalty only if your rate and the FEEV hotel’s policy permits.

7. Currency
Reservations will be charged in the hotel’s local currency as shown on the FEEV website or given over the telephone at the time of booking. The price shown is based on today’s exchange rate. Any currency conversion is for guidance only. A foreign currency transaction may be charged by your card provider. Any deposits or pre-payments will be deducted from the final reservation invoice in the hotel’s local currency.

A refund of a deposit or prepayment, if any, will be subject to the exchange rate applied by your payment card provider at the time of any such refund and may differ from the exchange rate applied at the time such deposit or prepayment was made.

8. Rate Requirements
As some rates have special requirements at check-in, you should verify that you qualify for the rate that you have reserved. FEEV hotels are not obligated to honour this rate if you do not qualify or do not have proof of qualification.

9. Pre-paid Reservations
Some rate plans require prepayment in full and are non-cancellable, non-refundable, non-changeable and non-transferable. This will be identified in the rate description. For these rate plans, once you make a reservation your credit card will be charged for the full amount. Credit will not be given for any unused reservation and the amount paid by you for such reservation cannot be used toward any other/future reservation.

10. Guarantee Rules
For reservations guaranteed with a credit card at the time of making your reservation, rooms are held until the FEEV hotel check-out time on the day following the day of arrival. The FEEV hotel may authorize the room, product or service rate prior to arrival and reserve funds, including taxes, on the credit card to determine the validity of the credit card. Rooms, products or services booked with an invalid credit card are subject to immediate cancellation.

11. Overbooking
In the event that a guest cannot be accommodated due to the FEEV hotel overbooking or an unforeseen circumstance, the FEEV hotel will attempt to accommodate guests, at its expense, for another set of dates, or proceed to reimburse the total amount of funds.

12. Special Requests
FEEV hotels will strive to honor any request for specific room types or bed types and some FEEV hotels will confirm such arrangements at the time you make your reservation. Until specific confirmation is issued then your request cannot be guaranteed and neither Five Elements EcoVilla nor the FEEV hotel can guarantee that your request will be honored.

13. Pets
If you plan to travel with your pet, we recommend that you confirm directly with Five Elements EcoVilla or the FEEV hotel that the FEEV hotel does accept pets. Five Elements EcoVilla accepts no responsibility for the pet policy at any individual FEEV hotel. Specific pet policies may require a damage/cleaning deposit at the time of check-in which may be non-refundable.

14. External services
The FEEV website and telephone facility or the FEEV hotel at which you stay may advertise the opportunity to purchase products or services from independent third party suppliers (“independent suppliers”) including, by way of illustration only and without limitation, excursions, spa or wellness packages, yacht charters and ski passes (“external services”). The following provisions apply to all external services:

(i) All information on the FEEV website or otherwise communicated by FEEV regarding external services has been provided to Five Elements EcoVilla and your FEEV hotel by the independent suppliers. Such information does not constitute any endorsement or recommendation of the external service by Five Elements EcoVilla or your FEEV hotel and is for general guidance only. Neither Five Elements EcoVilla or your FEEV hotel makes any representation or warranty, express or implied, as to the nature, quality, cost or any other aspect of the external services and it is your responsibility to check all relevant details of the external services with the independent supplier prior to purchase or booking.

(ii) Five Elements EcoVilla and FEEV hotels act solely as intermediaries introducing independent suppliers. Your contract for any external services will be made direct with the relevant independent supplier and neither Five Elements EcoVilla or your FEEV hotel has any other involvement in or control over the provision of external services. Consequently, neither Five Elements EcoVilla or your FEEV hotel will have any liability to you for the warranties, representations, acts, errors, omissions, breaches or negligence of any independent supplier or for any accidents, personal injuries, death, loss of or damage to property or any other losses, damages, costs or expenses resulting, directly or indirectly, from your purchase or use of any external service, to the fullest extent permitted under applicable laws.

It is your responsibility to check that, where appropriate, the independent supplier has adequate public liability insurance for the external service and/or to ensure that you and any dependents or associates using the external service have adequate personal insurance cover against all foreseeable risks.

15. Guest’s obligations
You agree to the terms and conditions of purchase imposed by Five Elements EcoVilla and each FEEV hotel. You also agree that you are fully responsible and shall pay for all charges, fees, duties, taxes, assessments and other amounts arising out of your reservation when due, including additional taxes and fees that may not be included in the quoted rate.
You understand that any violation of an FEEV hotel’s conditions may result in cancellation of your reservation and you forfeiting any monies paid for such reservation and an FEEV hotel debiting your account for any costs it incurs as a result of such violation.

16. Privacy and data protection
Our Reservation Privacy Policy (set out below) will apply to your reservation and forms part of these Reservation Terms and Conditions.

17. Intellectual Property Rights
‘Five Elements EcoVilla has trademark protection. Any copyright and other intellectual property in the content and materials on the FEEV website remains with Five Elements EcoVilla or the relevant FEEV hotel. Downloading, copying or otherwise using any material on the FEEV website is permitted only for private use and limited to the sole purpose of making an FEEV hotel reservation.

18. Force Majeure
Neither Five Elements EcoVilla nor any FEEV hotel will be liable for any change or cancellation of any reservation that is caused, in whole or in part, by events, occurrences, or causes beyond the control of Five Elements EcoVilla or any FEEV hotel. Such events, occurrences, or causes include, without limitation, acts of God, terrorist activities, weather, strikes, lockouts, riots, acts of war, earthquake, volcanic activity, ash clouds, tsunamis, fire and explosions.

19. Limitations
Neither Five Elements EcoVilla nor any FEEV hotel nor other providers of products or services related to the Reservations Facility are responsible for communication malfunctions, failures, difficulties or lost, stolen, or misdirected transmissions, messages or entries, or the security of any such communications to the fullest extent permitted under applicable laws. Further, neither Five Elements EcoVilla nor any FEEV hotel nor any other providers of products or services related to the Reservations Facility are responsible for incorrect or inaccurate entry information, whether caused by user(s), by any of the equipment or programming associated with the Reservations Facility, or by any technical or human error that may occur in the processing of any information related to the Reservations Facility and shall not be liable for damages resulting from any of the foregoing to the fullest extent permitted under applicable laws .

Five Elements EcoVilla and any FEEV hotel may cancel or modify reservations where it appears that a user has engaged in fraudulent or inappropriate activity or under other circumstances where it appears that the reservations contain or resulted from a mistake or error.

20. Governing Law
These Reservation Terms and Conditions are governed by the laws of United States of America and the courts of the USA shall have exclusive jurisdiction in relation to any dispute in relation thereto.

21. Contact Details
Five Elements EcoVilla. GRA 46 #52-96 APTO 2302, Medellin, Colombia 050012

ny queries arising from these Reservations Terms and Conditions should be sent by email to: hello@fiveelementsecovilla.com.



PART 2: RESERVATION PRIVACY POLICY



This Reservation Privacy Policy provides you with information about the personal data FEEV collects in connection with the reservation at your chosen FEEV hotel, why we need to collect it, how it will be used, who it will be shared with and your rights in relation to it.

The personal data FEEV collects
In order to complete your reservation and arrange its fulfilment Five Elements EcoVilla needs to collect the following personal data as part of the reservation process:

• your first and last name;
• your email address;
• your country of residence
• details of your payment card including the card number, cardholder name, expiry date and CVV number.

You may also, if you wish, provide Five Elements EcoVilla with:
• your postal address (home or business);
• preferred contact telephone number.

he personal data you provide SLH in the course of the reservation process will be referred to in this Reservation Privacy Policy as the Reservation Data.

How Five Elements EcoVilla uses the Reservation Data
Five Elements EcoVilla will be the data controller of the Reservation Data.
It is necessary for Five Elements EcoVilla to process the Reservation Data so that the contract for your hotel reservation can be fulfilled and to take all necessary steps that involves including transmitting the Reservation Data to the relevant FEEV hotel which may be outside the United States Economic Area.

Five Elements EcoVilla has appointed a third party (outside the United States of America) to process the Reservation Data.

In relation to any transfers of the Reservation Data outside the United States Economic Area necessary to complete and fulfil the reservation, Five Elements EcoVilla has put in place all necessary legal, technical and organisational measures to ensure the protection of the Reservation Data, details of which can be obtained on request from Five Elements EcoVilla (reservations@fiveelementsecovilla.com).
Five Elements EcoVilla will only share the Reservation Data with its appointed data processor and with the relevant FEEV hotel.

On receipt of the Reservation Data the relevant FEEV hotel will also become a data controller of the Reservation Data and will use it for all purposes necessary to fulfil your reservation including contacting you prior to your stay. Your FEEV hotel will not use the Reservation Data for any purpose other than fulfilling your reservation and will need your specific consent to use it for any other purpose.

Five Elements EcoVilla and the relevant FEEV hotel will only store the Reservation Data for as long as is necessary to fulfil your reservation. The Reservation Data will be destroyed, anonymised and/or deleted once your reservation has been fulfilled and all payment and administrative matters have been completed.

Your rights
You have the following rights in relation to the Reservation Data:
• to request access to the Reservation Data by an email request to (reservations@fiveelementsecovilla.com);
• to request that the Reservation Data be amended or deleted although that may mean your reservation cannot be fulfilled;
• to make a complaint regarding the Reservation Data to the Federal Trade Commission’s Office (https://www.ftc.gov/).

Five Elements EcoVilla as Data Controller
Five Elements Ecovilla is the data controller responsible for the Reservation Data.

Our registered office is CRA 46 #52-96 APTO 2302, Medellin, Colombia 050012.

Our Data Protection Office can be reached by the following email (reservations@fiveelementsecovilla.com) and any requests or concerns about the Reservation Data should be addressed to our compliance team.
Effective from 10st June 2022



PART 3: THE FEEV SALE TERMS AND CONDITIONS



Please note, the payment must be paid in full at the time of booking and is non-changeable and non-refundable. Offer cannot be combined with any other promotion and payment cannot be made using an Five Elements Ecovilla Gift Certificate. Savings are against the Best Available Rate. The discount only applies on participating hotels and on bookings made within the promotional period and cannot be applied on existing bookings. This offer is strictly subject to hotel availability during the promotional period and may be withdrawn by Five Elements Ecovilla at any time before the advertised book by time and date. Please refer to full T&C at time of booking..