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| ACCOMMODATION ONLY BOOKING CONDITIONS |
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HOLMES TRAVEL LIMITED TERMS AND CONDITIONS OF BOOKING ACCOMMODATION ONLY 1. Contract Please read these booking conditions carefully as they, together with the specific information about your confirmed accommodation, form the basis of your contract with Holmes Travel Limited of 42G Barrack Square, Martlesham Heath, Ipswich IP3 5RF, company registration number 1576252. Office hours are 0900-1730 hours Monday-Friday. 2. Prices We reserve the right to alter any of our advertised accommodation prices. You will be advised of the current price of the accommodation that you wish to book before your contract is confirmed. 3. Making a booking and payment 3.1 You should contact us to ensure that the accommodation is available for the dates required. 3.2 Any provisional booking will be held for two days pending receipt of the signed booking form and a deposit of 25% of the total booking cost. If you have paid a deposit, the balance of the cost of your accommodation is due 8 weeks prior to your arrival. If it is not received in time we will cancel your booking and retain your deposit. Bookings made within 8 weeks of departure are payable in full at time of booking. You will also be required to pay a security deposit of £500 for Sotogrande villa accommodation or £250 for Sotogrande apartment accommodation with the final balance. This will be refunded, after deduction for breakage or telephone use, within 180 days after the end of the holiday. 3.3 A booking is confirmed and contract comes into effect when the booking is confirmed on the computer system or when our confirmation invoice is issued whichever is the sooner. 3.4 Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. 3.5 Payments by credit card will attract a credit card charge of 2%. 3.6 The cost of your accommodation does not include any extra chargeable services that you may arrange whilst at the accommodation. These are payable direct to your accommodation supplier. 4. Your responsibility for your booking 4.1 When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. This means that you are responsible for making all payments due, notifying us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed. 4.2 The accommodation provided is only for the use of persons named by you on the booking form and subletting, sharing or assigning is prohibited. 4.3 Persons under the age of 18 must be accompanied by an adult. 5. Insurance It is your responsibility to ensure that you and your party are adequately insured. We strongly recommend that you take out insurance, which should include cover against the cost of cancellation by you and assistance (including repatriation) in the event of accident or illness. A signed insurance indemnity form is required from you if you do not wish to take the travel insurance offered by us. The person signing the insurance indemnity form does so on behalf of all persons named on the booking form not taking travel insurance offered by us. 6. If you want to change your booking 6.1 After our confirmation has been issued, any requests for changes must be sent to us in writing, by email, fax or post, by the person that made the booking. We cannot guarantee that we will be able to accommodate your request but we will try to do so. You will be asked to pay an administration fee of £50 plus any charge made by the accommodation supplier. These are likely to be higher the closer you get to your arrival date, so contact us as soon as you can. 6.2 If you change the number in your party the accommodation price will be recalculated. If the party size is reduced, this is likely to mean the remaining members paying more due to under-occupancy. 7. If you want to cancel your booking The person that made the booking must put this in writing to us, by email, fax or post. Because we incur costs in cancelling confirmed bookings, particularly if cancellations occur close to arrival date, you will be charged a cancellation fee. Our cancellation fees are as follows: If you cancel (this is the date on which we receive your written notice of cancellation during the hours of 9am to 5.30pm): More than 56 days prior to your arrival date - loss of deposit. 42-56 days - 30% of total cost. 29-41 days - 50% of total cost. 14-28 days - 75% of total cost. Within 14 days of arrival date - 100% of total cost. Charges are shown as a percentage of your accommodation cost (excluding insurance premiums, credit card charges and amendment fees, if any, which are non-refundable in the event of a cancellation). Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. 8. If we change or cancel your booking 8.1 We reserve the right to change or cancel your booking. 8.2 Subject to the note below, if we make a change and you do not want to accept it, you can take any alternative accommodation we are able to offer you (you will pay the increase in cost if the replacement is advertised at a higher price than your original booking, or receive a refund of the difference if it is less expensive) or a refund of the money you have paid to us. This does not apply where the change is not material. Examples on non-material changes include, but are not limited to, temporary withdrawal of facilities or seasonal unavailability of amenities. 8.3 Subject to the note below, if we have to cancel, again we may be able to offer you an alternative. If |
you accept it, you would pay the difference if it was advertised at a higher price than your original accommodation, or receive a refund of the difference if it was advertised at a lower price. Or we will refund the monies you have paid us for your accommodation. 8.4 We will not be responsible to pay any compensation following a change or a cancellation by us. Any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us. Note: If a change or cancellation occurs because of circumstances beyond our control, for example war, riot, industrial dispute, actual or threatened terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, flood, epidemic or pandemic illness and all similar situations we will have no liability to you. No compensation, costs, expenses or any other sums, including the cost of securing alternative accommodation will be paid by us. 9. Our responsibility for your booking 9.1 We have a duty to select the accommodation providers with reasonable skill and care. We have no liability to you for the actual provision of the accommodation, 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 provider with reasonable care and skill, we have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or others. 9.2 We also have no liability in the following situations: (a) where the acommodation cannot be provided as booked due to circumstances beyond our control (see the Note in clause 8). (b) where you incur any loss or damage that could not have been foreseen at the time of your booking based on the information provided by you. (c) where you incur any loss or damage that relates to any business activity. (d) where any loss or damage relates to any services which do not form part of our contract with you. 9.3 If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the amount of your accommodation. This limit does not apply to cases involving death or injury. 10. Behaviour 10.1 When you book accommodation through us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may incur as a result of your stay being terminated. 10.2 If you cause damage to the accommodation in which you are staying, you must: (a) for Sotogrande Villas and Apartments fully reimburse the accommodation provider concerned for the cost of the damage whereby this amount will be deducted from your damage deposit or, (b) for Other Accommodation fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party as a result. 11. Check-in and check-out Sotogrande Villas and Apartments All accomodation must be vacated by 10 a.m. on the day of departure. Other Accommodation The standard international practice is to let rooms from midday to midday. However times do vary. Check-in times are usually between 2 p.m. and 3 p.m., check-out times between 10 a.m. and 12 noon on the day of departure. Therefore, if you check-in immediately after a night flight this would normally count as one night's accommodation. Similarly if your return flight is at night you will normally be required to vacate your room at 12 noon prior to leaving for the airport. Day rooms are subject to availability/cost and should be arranged locally with the accommodation management. 12. Complaints 12.1 If you have a problem during your stay, please inform the accommodation provider immediately, who will endeavour to put things right. You should also try to find a solution whilst you are there. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to Holmes Travel Limited, 42G Barrack Square, Martlesham Heath, Ipswich IP5 3RF giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to identify your concerns quickly and speed up our response to you. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please bear in mind that we are only liable to compensate you in line with these booking conditions - in particular clause 9 above makes clear that our obligation is to choose the accommodation provider with reasonable skill and care. 12.2 Any dispute or claim arising out of this contract that cannot be settled between us can be referred by you to ABTA arbitration (see clause 14) or court. We agree that the courts of England and Wales have jurisdiction and English law applies (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your |
local court under Scots or Northern Irish law, as applicable). 13. Financial protection 13.1 The monies you pay to us for your accommodation are protected by means of a bond held by ABTA. This means that, if in the unlikely event of our insolvency your accommodation cannot be provided, you will receive your money back or, if your stay has started, arrangements will be made for you to be able to continue as planned. 13.2 Not all travel services offered and sold by Holmes will be protected by the ABTA scheme. Please ask Holmes to confirm what protection may apply to your booking. 14. ABTA 14.1 We are a member of ABTA, membership number V8957. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. 14,2 We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. further information on the Code and abitration can be found on ABTA's website www.abta.com. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute or Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from www.abta.com. The scheme does not apply to claims for any amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. The application for abitration and Statement of Claim must be received by IDRS within nine months of the date of your return from holiday. 15. Passports, Visas and Driving Licences You are responsible for the provision of all necessary valid documents. Please visit page Documents and Health Inoculations for general information regarding passport and visa requirements. We cannot accept responsibility if you are refused passage on any transport or entry into any country due to the failure on your part to carry the correct documentation. If failure to do so results in fines, surcharges or other financial penalties being imposed on us, you will be responsible for reimbursing us accordingly. 16. Health requirements You are responsible for obtaining the necessary vaccinations and clearance to travel. Please visit page Documents and Health Inoculations for general information regarding inoculations. 17. EHIC If you are travelling in most European countries you will require an EHIC European Health Insurance Card. Please visit page European Health Care - EHIC. 18. Data Protection Policy In order to process clients booking and to ensure that their travel arrangements run smoothly and meet clients requirements Holmes need to use the information they provide such as name, address, any special needs/dietary requirements, etc. Holmes take full responsibility for ensuring that proper security measures are in place to protect clients information. Holmes must pass the information on to the relevant suppliers 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 the law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. Holmes will not, however, pass any information onto any person 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. Please note that British Airways and other airlines are required by new laws introduced in the US and other countries to give border control agencies access to passenger data. Accordingly any information Holmes hold about clients and their travel arrangements may be disclosed to the customs and immigration authorities of any country in your itinerary. (If Holmes cannot pass this information to the relevant suppliers, whether in the EEA or not, Holmes cannot provide clients booking. In making this booking, client consents 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 receive this please contact us. We may make a small charge for providing this to you. 19. Foreign Office Travel Advice For up-to-date information about your holiday destination from the Foreign and Commonwealth Travel Advice Unit view BBC2 Ceefax, page 470 onwards, or visit website www.fco.gov.uk/knowbeforeyougo or by calling 0870 606 0290 or alternatively contact the ABTA Information Department on 0901 201 5050 (calls charged at 50p./minute). 20. Rates of exchange The price of your travel arrangements are calculated using exchange rates quoted in the "Financial Times Guide to World Currencies" on 02.03.08 in relation to the following currencies: Spain 1.2674 Euros, Morocco 14.4358 Dirham, South Africa 15.0149 Rand. 21. Accommodation Only Terms and Conditions of Booking issue date These Terms and Conditions of Booking were issued June 2008 and relate to departures from July 2008 to June 2009. |
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