These Booking Conditions, together with our privacy policy and where your holiday is booked via our website, our Website Terms of Use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Seasonal Beds Limited trading as MTB Beds / Tom Hutton MTB, a company registered in England and Wales under company number 08389433, whose registered office is at Kingsland Studios, Bristol, BS20QW (“we”, “us”, “our”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
By making a booking, the first named person on the booking (the lead name) agrees on behalf of all persons detailed on the booking that:
he/she has read these terms and conditions and has the authority to and does agree to be bound by them;
he/she agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto;
he/she consents to our use of information in accordance with our Privacy Policy;
he/she is over 18 years of age and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
Please
Note: We act in the following capacities: as a Package Organiser in the sale of a Package Holiday or as a Principal in the sale of single-element bookings (i.e. day trips, bike hire or accommodation only bookings). Our obligations to you may vary depending upon which arrangements you book with us, and we have tried to set them out below as clearly as possible:
1.
(A) Section A contains the conditions which will apply to all bookings.
(B) Section B contains the conditions which will apply when you make a booking with us where we act as the Package Organiser.
(C) Section C contains the conditions which will apply where you make a single-element booking with us, where we are acting as Principal.
SECTION A – APPLICABLE TO ALL BOOKINGS
Making a Booking
A booking is made with us when:
a) you tell us that you would like to accept our written or verbal quotation;
b) you pay us a deposit (or full payment, if required at the time of booking); and
c) we issue you with a booking confirmation.
We reserve the right to return your deposit and decline to issue a confirmation at our absolute discretion.
A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation, which will confirm the details of your booking. Upon receipt, if you believe that any details on the confirmation or any other document are wrong you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document within ten days of our sending it out.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately. Any changes to these details will incur the charges stated below. Please ensure that the names given are the same as in the relevant passport.
The booking information that you provide to us will be passed on to the relevant supplier of your travel arrangements or such other persons necessary for the provision of your booked travel arrangements. The information may therefore be provided to public authorities such as customs or immigration 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.
2. Paying for Your Booking
You will be required to pay a deposit or make full payment for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in either Section B (if you have booked a Package) or Section C (if you have booked a single-element arrangement) will become payable.
3. Accuracy
We endeavour to ensure that all of the information and prices both on our website and in any advertising material that we issue are accurate; however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
4. Insurance and Standards
Adequate travel insurance is a condition of your contract with us. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; pre-existing medical conditions; loss of baggage and money; and other expenses. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
5. Special Requests
Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice, on any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
6. Cutting Your Holiday Short
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your holiday and return home early in circumstances where you have no reasonable
cause for complaint about the standard of accommodation and services provided, we will not offer you any refund for that part of your holiday not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
7. Fitness to Travel and Medical Conditions
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
8. Behaviour
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of any person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any of our other guests or any third party or damage to property, or to cause a delay or diversion to transportation, we reserve the right to terminate your booked arrangements with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
9. Excursions
Excursions or other tours that you may choose to book or pay for whilst you are on holiday are not part of your contracted arrangements with us. For any excursion or other tour that you book, your contract will be with the operator of the excursion or tour and not with us. We are not responsible for the provision of the excursion or tour or for anything that happens during the course of its provision by the operator.
10. Passport, Visa and Immigration Requirements and Health Formalities
We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year, you should check with the Embassy of the country you are visiting. For further information contact the Passport Office on 0870 5210410 or visit https://www.gov.uk/browse/citizenship/passports.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit https://www.gov.uk/travelaware.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country(ies) through which you are travelling.
We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
11. Complaints
We make every effort to ensure that your holiday arrangements run smoothly but if you do have a problem during your holiday, please inform the relevant supplier or representative immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact us as soon as possible on +44 1173751360 or via info@mtbbeds.com. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office or by email to info@mtbbeds.com within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
Please note that we do not offer an Alternative Dispute Resolution service. You can however access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
12. Delays and Missed Transport Arrangements
If you or any member of your party miss your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact the airline or other transport supplier concerned immediately. Please also contact us so that we can take steps to prepare for your late arrival, if possible. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
13. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
14. Conditions of Suppliers
Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.
15. Law and Jurisdiction
These terms and conditions are governed by English law and any dispute arising between the parties is subject to the exclusive jurisdiction of the courts of England and Wales (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
16. Security Deposit
A security deposit of €500/€1000 (a pre authorisation of this amount is recorded against the client's credit/debit card or a cash deposit) for every rental period is required in case of, for example, damage to the property or its contents. However, the sum reserved by this clause shall not limit any liability that you may have to either us or the supplier of the property.
17. Rental Start and End Times
Where you have booked accommodation, the rental period shall commence at 3pm on the first day, unless stated otherwise and finish at 10am on the last day. We shall not be obliged to offer the accommodation before the time stated and you shall not be entitled to remain in the accommodation after the time stated.
18. Property Occupation
The maximum number of individuals entitled to reside in the property during the booking must not exceed the number stated on our website, unless we have given prior written permission.
19. Tourist Tax
The Mayor’s office charges a local tax (currently between €0.80 and €1.30 per person, per day) for all those aged 16+ years. This tax is included in the price quoted for your accommodation.
20. Bike Hire
When you make a booking to hire a bike with us, whether as part of a Package or as a single-element booking, the following conditions shall also apply:
(a) You agree that you are fully responsible for the bike. You agree to pay for any damage caused to the bike whilst it is in your care. Should the bike be stolen whilst in your care you will be required to pay for a replacement. It is strongly advised that you take out adequate holiday insurance to cover such costs.
(b) A "days" bike hire commences at 08:00 am and finishes at 17:00 on the day in question. If the bike is not returned by 17:30 on the final day of hire, you will be liable for an additional day's hire charge at the full single day price.
(c) You are able to pick up the bike until 10:30am on the first day of hire and you must drop the bike off by 17:30 on the last day of hire or when returning the bike for a check-up. It may be possible to arrange to pick up or drop off in between these times but only by prior agreement. There are no refunds should you fail to collect the bike in time.
(d) For hire periods of more than two days, we will visit your accommodation to check the bike i.e. on the second and fourth day of a six day hire. This is so that we can give the bike a quick service to ensure that the bike is functioning as it should. We will check all mechanics of the bike, including brake and tyre wear and replace as necessary.
(e) You will be required to leave your passport with us as security for the duration of the hire. The passport will be held in our safe at 1351 Route de La Plagne and will be returned to you when the bike is back in our possession and any hire related issues have been resolved.
(f) Mountain biking is a dangerous sport and we advise you to make sure you are physically fit and capable of engaging in any mountain biking that you intend to engage in. It is also necessary for you to have an adequate insurance policy in place that covers extreme sports.
We offer all of our clients a full face helmet free of charge and strongly advise you to wear this (along with all other, necessary safety equipment) at all times whilst riding your bike. We also advise body armour, this can be hired from ourselves on request.
(g) We can not be held responsible for any injury caused to you whilst using a bike that we have hired to you, unless any such injury is caused by our negligence or the negligence of any of our employees while acting in the course of their employment.
21. Pub Bikes
Occasionally we may be able to make available ‘pub bikes’ for use during your stay in any Chalet. Where such bikes are provided, they are strictly for use on the road only, for the purposes of travelling into and back from town, from your Chalet. The bike is provided free of charge, however, we will require a £50 damage deposit, which will be returned to you when the bike and lock are returned to our satisfaction.
SECTION B: PACKAGE HOLIDAY BOOKINGS
This section only applies to Package Holidays booked with us as Organiser. Please read this section in conjunction with Section A of these Booking Conditions.
22. Definition of Package
A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.
23. Pricing
The price of your travel arrangements has been calculated using exchange rates quoted on www.xe.com on an ongoing basis in relation to the following currencies: Euros and GBP.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
The price of your confirmed holiday is subject at all times to variations in:
(i) transportation costs, including the cost of fuel; or
(ii) dues, taxes or fees chargeable for services such as landing taxes or embarkation or
disembarkation fees at ports and airports; or
(iii) the exchange rates used to calculate your arrangements.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents), cruise ship operators and any other transport providers.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any
amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice.
Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place.
There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period.
24. Changes by You to Your Package Holiday
If you wish to change any part of your booked arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given. An administration fee will be charged, details available upon request.
Transfer of Booking: If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the arrangements) providing we are notified not less than 28 days before departure and you pay an amendment fee of £50 per person transferring, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. If you are unable to find a replacement, cancellation charges as set out will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Note: Certain arrangements may not be amended or transferred after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
25. If You Cancel Your Package Holiday
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:
Period before departure within which notice of Cancellation by you is received
Amount of cancellation charge
More than 56 days prior to departure
More than 56 days prior to departure - Loss of Deposit
56 to 50 days prior to departure - 30% of total holiday cost
49 to 43 days prior to departure - 40% of total holiday cost
42 to 36 days prior to departure - 60% of total holiday cost
35 to 29 days prior to departure - 85% of total holiday cost
28 days or fewer prior to departure - 100% of total holiday cost
We will deduct the cancellation charge(s) from any monies you have already paid to us.
Certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
26. If We Change or Cancel Your Package Holiday
As we plan your arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
Changes: If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you. Examples of minor changes include change of accommodation to another of the same or higher standard etc.
Occasionally we may have to make a major change to your confirmed arrangements. Examples of “major changes” include the following, when made before departure:
- A change of accommodation area for the whole or a significant part of your time away.
- A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away.
- A change of overall length of your arrangements of twelve or more hours.
- A significant change to your itinerary, missing out one or more destination entirely.
Cancellation: We will not cancel your travel arrangements less than 56 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. We may cancel your booking before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached.
If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:
i (for major changes) accepting the changed arrangements;
ii having a refund of all monies paid; or
iii accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value).
You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.
Compensation:
If we cancel or make a major change less than 56 days before departure, we will pay compensation as detailed below. The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
Period before departure within which notice of
Compensation payable per
Cancellation or major change is notified to you
More than 56 days prior to departure - Loss of Deposit
56 to 50 days prior to departure - 30% of total holiday cost
49 to 43 days prior to departure - 40% of total holiday cost
42 to 36 days prior to departure - 60% of total holiday cost
35 to 29 days prior to departure - 85% of total holiday cost
28 days or fewer prior to departure - 100% of total holiday cost
IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
- where we make a minor change;
- where we make a major change or cancel your arrangements more than 56 days before
departure;
- where we have to cancel your arrangements as a result of your failure to make full payment
on time;
- where the change or cancellation by us arises out of alterations to the confirmed booking
requested by you;
- where we are forced to cancel or change your arrangements due to Force Majeure (see
clause 13).
Please note: where arrangements with a higher price than the original arrangements are offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if the arrangements offered by us and accepted by you are of a higher price than those originally booked by you and in the same location where no additional payment is made by you.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
27. Our Responsibilities in Respect of Package Holidays
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers negligently perform or arrange the services which we are obliged to provide for you under our contract with you, as set out on your confirmation invoice, we will pay you reasonable compensation. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
the act(s) and/or omission(s) of the person(s) affected;
the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
d. an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(3) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
(c) Claims in respect of international travel by air, sea and rail, or any stay in a hotel
The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. If we arrange transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(4) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(5) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(6) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning
your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(7) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
28. Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for your chosen arrangements and for your repatriation in the event of our insolvency. For these purposes, we protect money that you have paid us in relation to non air-package holidays, via [insert ].
If you book arrangements other than a Package from this us, your monies will not be financially protected. Please ask us for further details.
29. Prompt Assistance in Resort
If the contract we have with you is not performed or is improperly performed as a result of failures attributable to a third party unconnected with the provision of the services, or as a result of failures due to unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which we or our suppliers, even with all due care, could not foresee or forestall, and you suffer an injury or other material loss, we will offer you such prompt assistance as is reasonable in the circumstances.
SECTION C – SINGLE ELEMENT BOOKINGS
This section applies to all single element bookings (i.e. day trips, bike hire or accommodation only bookings). Please read this section in conjunction with Section A of these Booking Conditions.
30. Pricing
Price increases may occur any time prior to departure you will be liable to pay any such increases in full. If, before you book, we know of circumstances that may cause an increase in the price of your booking after you have paid, we will endeavour to provide details to you.
31. Changes Made by You
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £50 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable (see clause 32 below).
Please note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
32. If You Cancel Your Booking
If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:
Period before departure within which notice of Cancellation by you is received
Amount of cancellation charge
More than 56 days prior to departure - Loss of Deposit
56 to 50 days prior to departure - 30% of total holiday cost
49 to 43 days prior to departure - 40% of total holiday cost
42 to 36 days prior to departure - 60% of total holiday cost
35 to 29 days prior to departure - 85% of total holiday cost
28 days or fewer prior to departure - 100% of total holiday cost
We will deduct the cancellation charge(s) from any monies you have already paid to us.
Please note: Certain arrangements, once confirmed, may incur a cancellation charge of up to 100% of that part of the arrangements, when cancelled.
33. If We Change or Cancel Your Booking
We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
Very rarely, we may be forced by "force majeure" to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result.
34. Our Responsibilities
(2) Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
(3) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:
(a) the act(s) and/or omission(s) of the person(s) affected; or
(b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
(c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
(d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
(a) loss of and/or damage to any luggage or personal possessions and money,
The maximum amount we will have to pay you in respect of these claims is £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
(b) Claims not falling under (a) above and which don’t involve injury, illness or death
The maximum amount we will have to pay you in respect of these claims is twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking.
(5) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(6) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
(7) Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description: (a) which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) relate to any business.
(8) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
