BOOKING CONDITIONS
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Remember you are entering a binding contract and there is no right to vary or cancel other than set out below. The following terms and conditions together with the information specified under 'Essential Information' and 'How to book your holiday' constitute the basis of your contract.
Please read this information carefully.
PLEASE NOTE
Except as set out below, Vintage Spain Ltd ("Vintage Travel","we","us" and "our" in these booking conditions) acts only as agent for the owners/managers of the properties and providers of the other services featured in our brochure or on our website (together and individually referred to as "service provider(s)" in these booking conditions).
Where we act as agent, your contract will be solely with the relevant service provider(s) for your confirmed property/other services. Their terms will apply in addition to these (copies available on request). Except as set out below, we do not sell or offer for sale any "packages" or act as an "organiser" within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992 ("the Regulations") and the Regulations do not apply to any booking you may make.
A "package" will be created where you book one of our properties and, at the same time, also book your flights and/or car hire through us at an inclusive price. This is the arrangement we are referring to whenever we mention a package in these booking conditions. Where this happens, you will still have a contract with the individual service providers of the services (except flights) which make up the package. In addition, you will have a contract with us as "organiser" for these services in accordance with the Regulations.
However, no package will be created where you book one of our properties and at a later stage book a flight and/or car hire. Where a package is created, additional or alternative terms will apply to your booking as set out in these booking conditions. In addition, references to "service providers" include Vintage Travel where we are the organiser of a package.
If you book a flight through us, whether on its own or as part of a package, you will have a contract with us so as to ensure you are protected by CAA ATOL Regulations. References to "service providers" in these booking conditions include Vintage Travel and the airline where the service concerned is a flight.
OUR / THE SERVICE PROVIDER(S) OBLIGATIONS TO YOU
1. Your holiday confirmation and contract
When your booking is verbally confirmed by us, a contract with the relevant service provider(s) and with us if you have booked a package comes in to effect. We will then send you a confirmation invoice. Please carefully check this as soon as you receive it and let us know immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later. All contracts are governed by English law and all parties agree that any dispute, claim or other matter which arises will be dealt with by the Courts of England and Wales only (unless dealt with by arbitration as set out below).
2. The holiday price
The prices shown in this brochure are correct at time of going to press. We /service providers reserve the right to amend prices during the year. Once you have booked your holiday the price will not change except as set out below. The price is payable in accordance with the booking procedures in our brochure. Property prices will not change after confirmation.
The price of other services may be subject to surcharges in accordance with the service provider's terms. We will advise you as soon as possible if we are notified of a surcharge. For package bookings, a surcharge may be levied if, after booking, transportation costs or dues, taxes or fees payable for services such as landing taxes increase or our costs otherwise increase as a result of adverse currency fluctuations.
However, we will absorb any such costs increase up to an amount equivalent to 2% of the total cost of your package (excluding any amendment charges or insurance premiums) before levying any surcharge. No surcharge will be levied for package bookings later than 30 days before the start date of your package.
If any surcharge amounts to more than 10% of your package price then you may cancel your package booking and purchase alternative arrangements from us (paying or receiving a refund in respect of any price difference) or receive a full refund of all money paid provided the cancellation is made within 14 days from the issue date printed on the surcharge invoice. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.
Exchange rates used in calculation of surcharges are based on those published on 27 August 2009. € 1.10 / £1
3. Alterations by service providers
It is very unlikely that any changes to your booking will be made however, circumstances may mean that your confirmed property cannot be provided. In this case, service providers and we as agents will endeavour to offer an alternative property of a comparable standard. Where possible, you will, have the choice of:
a) Accepting an alternative with your paying or receiving a refund in respect of any price difference or
b) Cancelling your property booking and receiving a full and immediate refund of any monies paid to us by you for it. You will receive a full refund if a suitable alternative property cannot be offered. If you cancel, pursuant to the above terms, then we are not liable to you for any other losses you might suffer.
Compensation will be paid in accordance with the following scale except where any change or cancellation results from unusual and unforeseeable circumstances beyond our/the service provider's control, the consequences of which could not be avoided even with all due care. In such circumstances, no liability beyond offering
the above choices (where possible) can be accepted:
- Within 2 weeks of departure £30 per person
- Within 4 weeks of departure £20 per person
- Within 8 weeks of departure £10 per person
- Earlier than that £5 per person
Any upward price-adjustment may be deducted by us from any compensation which is payable. Other services may be altered in accordance with the relevant service provider's terms. We will notify you as soon as we become aware of any such alteration.
4. Cancellation by service providers
Service providers reserve the right to cancel confirmed services. Unless cancellation is due to non-payment by you, you will be offered, where possible, the choice of:
a) Purchasing suitable alternative services with your paying or receiving a refund in respect of any price difference or
b) Receiving a full refund of all monies paid to us by you for the services concerned.
In the event of cancellation after the total holiday price has been paid, compensation will be paid in addition in accordance with 3 above but subject to the same terms and exception.
5. Responsibility for your booking (other than package bookings)
a) As set out above, except for package and flight bookings, we act only as agent and your contract is with the relevant service provider(s) for your confirmed property/other services. We do not sell or offer for sale any "packages" or act as an "organiser" within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992 and these Regulations do not apply to any booking you may make. Accordingly, we are not liable for the act(s) or default(s) of service providers or for the performance or non performance of their contractual obligations.
b) As agent, our responsibilities are limited to making your booking in accordance with your instructions. In the event of our failing to do so or your otherwise proving liability on our part (on whatever basis), our maximum liability is limited to twice the commission we are entitled to in relation to the services concerned in the event of your suffering loss or damage as a result (other than personal injury - see below).
c) For flight bookings which do not form part of a package, you will have a direct contract with us. Our only obligations under that contract (other than those set out in these booking conditions) are to reserve a seat for you with your confirmed airline (or such other airline as may be substituted) and provide you with a ticket for travel or other equivalent means of accessing your booked flight where no paper ticket is issued.
However, in the event that we are found liable in relation to the flight itself or for the airline's acts or omissions in any respect or on any basis whatsoever, the maximum amount we will pay you will be limited to the maximum amount the airline would have to pay you in accordance with applicable international Convention(s) or Regulation(s). We are also entitled to rely on all defences from, exceptions to and other provisions relating to liability as are available to the airline. The airline is also entitled to limit its liability on the same basis.
d) Neither we nor any service provider will be liable where the performance or improper performance of any obligation(s) is prevented or affected by or you otherwise suffer any loss or damage of any description as a result of any event which we or the service provider concerned could not, even with all due care, foresee or avoid. Such events are likely to include actual or threatened terrorist activity, industrial dispute, civil unrest, natural or nuclear disaster, war or threat of war, adverse weather conditions, fire and all similar circumstances.
e) If you or any member of your party suffer death, bodily injury or illness we only accept responsibility where caused by the negligent acts and/or omissions of our employees whilst acting within the course of their employment.
f) Entirely without prejudice to the remainder of these booking conditions, in the event of our being found liable in respect of any contracted services on any basis, we are entitled to rely on all available limitations and exclusions of liability including, but not limited to those set in Regulation 15 of the Package Travel, Package Holidays and Package Tours Regulations 1992. We are further entitled to rely on all limitations and exclusions of liability available to carriers under International Convention as if we were a carrier.
g) We will do our best to help with problems which arise with your holiday even where we cannot accept responsibility and have no legal obligation to provide help.
6. Responsibility for your booking (package bookings)
a) This clause only applies where you have booked a package.
b) We promise to make sure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or service providers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements.
Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and service providers do or do not do if they were at the time acting within the course of their employment (for employees) or carrying out work we had asked them to do
(for agents and service providers).
c) We will not be responsible for any injury, illness, death, loss (for example loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: -
- the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
- the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or
- any event which we or the service provider in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
d) Please note, we cannot accept responsibility for any services which do not form part of your package. This includes, for example, any additional services or facilities which any service provider agrees to provide for you where the services or facilities are not advertised in our brochure/on our website and we have not agreed to arrange them and any excursion you purchase in resort. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.
e) The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question.
f) As set out in these booking conditions we limit the maximum amount we may have to pay you for any claims you may make against us. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1000 per person affected unless a lower limitation applies to your claim under this clause or clause 6 g) below. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis the maximum amount we will have to pay you is twice the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 6 g) below. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
g) Where any claim or part of a claim (including those involving death or personal injury) concerns any flight arranged by us as part of your package including the process of getting on or off the aircraft) the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the airline concerned would have to pay under the International Convention or Regulation which applies to the flight in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air).
Please note, where an airline would not be obliged to make any payment to you under the applicable International Convention or Regulation in respect of a claim or part of a claim, we similarly are not obliged to make a payment to you for that claim or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the airline for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
h) Please note, we cannot accept any liability for any damage, loss, expense or other sum(s) of any description (1) which on the basis of the formation 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 (2) which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally we cannot accept liability for any business losses.
7. Travel Arrangements
Where you book travel arrangements through us, the terms and conditions of the companies who provide your transport will apply to your contract. These conditions may contain terms which affect your right to compensation. You should ask for copies of the relevant conditions of carriage from our offices. We regret we cannot provide any assistance in the event of any flight delay.
YOUR COMMITMENT
8. Booking
When booking, you accept these conditions whether or not you have signed the booking form.
9. Deposit
On booking you must pay a deposit of £75 per person (based on the full capacity of the property) or 30% of the total property rental, which ever the greater, unless booking within 10 weeks of departure in which case you must pay the full cost at the time of booking.
10. The balance
Balance due date/s will be shown on your confirmation invoice. No reminders will be sent. You must pay the final balance of the holiday price not later than 10 weeks before your departure date. If you fail to pay, you will be in breach of your contract and the service providers concerned can cancel your booking. You will remain liable for the full cost of the cancelled services unless these can be resold or the service provider otherwise agrees. In the event of resale, you will receive an appropriate refund taking account of the monies received on any such resale and our reasonable administrative costs. In any event you will forfeit your deposit.
11. Cancellation by you
Your cancellation must be in writing. If you cancel, you will remain liable in exactly the same manner as if you were to fail to pay the balance as set out above. It is imperative that you take out appropriate insurance cover to protect you against this liability.
12. Transfer of booking
Where you are prevented from proceeding with your holiday you may transfer your booking to a person who is a suitable consumer for the product. We must receive at least 14 days notice if you wish to transfer. There will be an administration fee of £50 and you will be responsible for all costs and charges incurred or imposed by any service provider(s) as a result.
13. Problems during your holiday
If there are any problems with your contracted services during your holiday then you must follow this procedure:
a) Tell our local representative or agent and the property owner/manager or other service provider as soon as possible and see to it that our representative/agent has a written note of the problem.
b) If you cannot contact our local representative/agent within a reasonable time, or if the response of that person or the relevant service provider is not satisfactory, then telephone our UK office.
c) Allow sufficient time for the representative/agent and service provider to deal with the problem and bear in mind that this can take longer in some foreign countries. Unfortunately some problems such as those arising from the climate (water shortage, storm damage etc) are beyond the control of service providers/ourselves. Whilst we cannot be liable for these problems, we will do our best to help.
The requirements of the above procedure have legal force. If you do not follow the above procedure then we/the service providers will rely on that failure where any subsequent complaint is made or claim brought against us and/or any service provider. Wherever possible notify complaints or claims to us within 28 days of your return from holiday. An investigation whilst the facts are fresh is essential and may help us to achieve an early resolution.
14. Your responsibility
It is your responsibility to take good care of the property and its grounds and avoid causing nuisance to others. If your conduct affects our relations with any of our service providers, we will hold you liable of any costs or losses resulting from your actions. We reserve the right, at our discretion, to terminate your holiday immediately if, in our opinion, your actions cause distress or damage to our suppliers and/or their property. Should this happen then no refunds will be payable from us to you for any unused part/s of the service/s booked through us. Furthermore we will not be liable for any additional costs incurred by you due to any action taken by us.
15. Arbitration
If there are any disputes between you and Vintage Travel relating to our obligations as set out in these booking conditions (as opposed to the obligations of any service provider) which we cannot resolve with you, you may refer the matter to a Court of Law or we can attempt to settle the dispute under ABTA's Arbitration Scheme. This special scheme, devised by arrangement with ABTA, is administered independently by the Chartered Institute of Arbitrators.
The scheme (details on request or available from the ABTA website www.abta.com) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. The scheme applies to claims of no greater than £5,000 per person or £25,000 per booking. Claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness are not covered by the scheme.
The paragraphs below are for information only and do not form part of our booking conditions.
AIR CARRIERS
In accordance with EU Directive (EC) No 2111/2005 Article 9, we are required to bring to your attention the existence of a "Community list" which contains details of air carriers that are subject to an operating ban within the European Union.
The Community list is available for inspection at http://europa.eu/legislation_summaries/transport/air_transport/
In accordance with EU Regulations we are required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
Any change in the identity of the carrier, flight timings, and/or aircraft type (where advised) will not entitle you to cancel or change to other arrangements without paying our normal charges except where specified in our booking conditions. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative, you will receive a full refund of the money you have paid us for the flight(s) concerned.
TRAVEL ADVICE
You should check up-to-date travel advice available from the Foreign and Commonwealth Office before booking/departure by visiting their website www.fco.gov.uk/knowbeforeyougo
DATA PROTECTION POLICY
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address and any special needs/dietary requirements etc.
We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant property owner and provider(s) of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/ immigration if required by them, or as required by law.
Additionally, where your holiday is outside the European Economic Area (EEA) (i.e. Croatia), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however pass any information on to any person who is not the owner/manager/ key-holder of your property or who is not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements.
If we cannot pass this information to the relevant persons (as above), whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons.
You are entitled to a copy of your information held by us. If you would like to see this please contact us. (We may make a small charge for providing this to you.) We will hold your information, where collected by us, and may use it to inform you of offers in the future or to send you our brochure. If you do not wish to receive information from us in the future, please notify us.
Please also read... the information specified under 'Essential Information' and 'How to book your holiday' as the information on these pages, together with the above 'Terms and Conditions' constitute the basis of your contract.
