MyHelp Page
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Booking Conditions |
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These Booking Conditions, Health & Safety Information and Useful Information contained on our web site will form the basis of your agreement with Villa Plus Ltd (‘the Company’). They apply only to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform as applicable as part of our agreement with you.
Our obligations to you may vary depending upon whether or not what you booked with us is a package
(as defined below) and our differing obligations are set out below, in three separate sections.
Section A contains the conditions which will apply to both packages and non-package bookings, Section B those which will apply where you book a ‘package’. Section C contains the conditions which will apply when you book a
non-package arrangement. A ‘package’ 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.
You may decide to make a booking made up of more than one type of arrangements (eg: car hire). The price charged in total for more than one type of arrangements will always equal the prices charged separately for each individual type of arrangement. All arrangements are available to be purchased separately at the same price as they are when more than one booking is made. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 nor the Civil Aviation (Air Travel Organisers Licensing) Regulations 1995, amended 2003.
In these Booking Conditions, "force majeure" means any event which we or the supplier of the service(s) 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. Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our agreement with you is prevented or affected by, or you otherwise suffer any damage or loss as a result of force majeure.
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| Section A – Conditions applicable to all bookings |
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1. To make a booking, you must complete the booking form on our website or, if booking via telephone, then you must return our signed booking form. When you make a booking you guarantee that you have the authority to accept and do accept on behalf of all members of your party, the terms of these booking conditions. The first named person on the booking will be the party leader and will be responsible for making all payments due to us. He/she must be at least 18.
To confirm your reservation, you must pay the appropriate deposit (or full payment if booking within 10 weeks of departure), plus insurance premium if required as stated on the booking form. If the arrangements you wish to book are available, we will issue a confirmation invoice. A binding agreement will come into existence between us when we despatch this invoice to the party leader. Until then we shall be under no liability to you whatsoever. If we are unable to accept your booking we shall return your deposit immediately. Please note we accept no liability for any item/arrangement not confirmed on our invoice.
The balance of the holiday price must be paid 10 weeks prior to departure or at the time of booking if within 10 weeks. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 2 below will become payable.
English Law will apply to our agreement and to any dispute or claim which arises between us out of it. Any such dispute or claim must be dealt with by an english court.
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2. Cancellation by you |
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If you or a member of your party needs to cancel your confirmed arrangements, the party leader must immediately advise us in writing by recorded delivery, registered post, e-mail or fax. Your notice of cancellation will take effect when it is received at our offices. As we incur costs from the time we confirm your booking, we will levy the following cancellation charges:-
Outside 70 days of departure date loss of deposit
Between 70 days and 42 days 40% charge
Between 41 days and 28 days 50% charge
Between 27 days and 22 days 70% charge
Between 21 days and 7 days 90% charge
Between 6 days and departure date 100% charge
(including no show at airport)
Cancellation charges are based on the total holiday costs. Insurance premiums and amendment charges are always non refundable. Cancellation charges are sometimes reclaimable on your insurance policy. Name changes are usually considered as an amendment, but in some cases, depending on the type of flight ticket booked, may be treated as a cancellation. Cancellation of individual passengers detailed on the booking
form in addition to attracting cancellation charges, may also mean re-invoicing of the remaining passengers at website prices for the new party size. When, for example, one person cancels and the other remaining people still travel, the remaining people will more than likely have to pay the new higher per person price for the holiday, whilst the person cancelling, through the party leader, will only receive a refund as shown above of their portion of the flight and accommodation cost included in the holiday. This may change depending when you cancel.
We must always receive the same portion for the villa element of the holiday if part of your party cancels. Should your party choose a smaller villa, further charges may be incurred. For flight inclusive bookings (packages), you must pay the charges levied by the airline concerned and because most airlines do not permit name changes after tickets have been issued, these charges are likely to be the full cost of the flight.
Insurance premiums and amendment charges are non refundable.
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3. Amendments by you |
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If, after the Company has dispatched written confirmation of your booking, you wish to alter any of the arrangements made, the Company will do its best to accommodate your wishes and a charge of £40.00 per person will be made, along with any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers.
In addition, if you have booked a package and wish to add an extra person on accommodation only, then there will be an additional administration fee of £40.00 per person per week, which is non-refundable.
Note: Certain travel arrangements may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100% of that part of the arrangements.
A change of your holiday dates will be treated as a cancellation of your booking and the appropriate charges will apply.
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We reserve the right to alter the prices of any of the holidays shown on our website.
Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking. You will be advised of the current price of the holiday that you wish to book before your booking is confirmed. We may also change the price of flight insurance, and the air travel security levy which tour operators and airlines have to charge. Please contact us to obtain the latest prices for holidays, flight insurance and the air travel security levy.
The price of your travel arrangements is subject to surcharges for increases in: (i) transportation costs (e.g. fuel, scheduled airfare and any other airline surcharges which we are obliged to pay or collect), (ii) dues, taxes or fees chargeable for services (e.g. landing taxes and embarkation/disembarkation fees); and (iii) the exchange rates applied to the particular holiday. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed. For larger variations this 2% will still be absorbed for increases. No price increases will be made within 30 days of departure. In either case there will be 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 travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. 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. Whether you cancel or not you will also be entitled to the terms set out in 'Changes and cancellation by us' as outlined in section B, for package holidays or for non-packages section C.
All prices in this website have been calculated at costs known as of 1st October 2009.
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5. Flight Prices |
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Every endeavour will be made to ensure that the cost of your chosen flights remain as per our website, however, airline flight pricing continually changes and if there is a change for your booking, you will be informed at the time we confirm your holiday.
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6. Website and brochure Accuracy |
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Important note: the information and prices shown on this website and in our brochure may have changed by the time you come to book your arrangements. Although we make every effort to ensure the accuracy of the information and prices at the time of publishing, regrettably errors do occasionally occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us at the time of booking.
All information in this website and our brochure has been compiled from up to date details and we have taken care to ensure that it is accurate. There may however be occasions when an advertised facility is either modified or not available. Such situations may be dictated by local circumstances, necessity for maintenance, water shortages, unsuitable weather conditions, fuel shortages, power cuts and other circumstances beyond our control. If we are advised of this, then we will of course inform you as soon as possible, but we cannot be held liable in such circumstances. It is also important to remember that some facilities, such as shops, restaurants, communal pools, water sports and water parks etc may not operate at all times and may have closed.
It is not always possible to show photographs of pool tables and table tennis tables in our villas. Furniture may sometimes vary from brochure or website photographs. Please visit our website for latest photography and most up to date property information. If a particular facility offered in our villa is essential to the booking of your holiday, please ensure that we are made aware of this at the time of booking. Please note that at all times, the information on our website supersedes that in our brochure.
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7. Excursions and Resort services |
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We may provide you with information (on our website and our brochure and/or when you are away) about activities and excursions which are available to purchase through independent suppliers in the area you are visiting. Where we have not agreed to arrange, provide or perform these activities or excursions as part of our agreement with you, subject to these booking conditions, we do not accept any responsibility for them even where we suggest or recommend a particular operator or supplier and/or assist you in any way in booking such activities or excursions. Some resort facilities, such as shops, restaurants, communal pools, water sports and water parks etc may not operate at all times and you should ask if such a facility is important to you. We accept no liability should any facility be closed.
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8. Building Works |
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From time to time, building work and its associated noise is unavoidable. We do not control such work, and we do not receive advance notice of when it will begin. Where we are aware of such building work, we will notify you as soon as possible if we think that said works will affect your holiday.
If we consider the work will have a significant effect on your holiday then you will be entitled to exercise the options shown in section B, for package holidays or for non-packages section C.
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9. Complaints |
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Should you have a problem on your holiday, it is a condition of booking with us that you must report it to our local Villa Representative and the supplier of the service(s) in question. Any verbal notification must be confirmed in writing as soon as possible.
Villa Plus and its agents must be given the opportunity to resolve any issues brought to our attention and allowances be made by you for any local conditions regarding the reasonable amount of time taken to rectify the problem.
Compensation payments will only be considered where it is proven that any reported problem had a prolonged or major impact on the enjoyment of the holiday booked. It is not acceptable to make a serious complaint after you have come home when our local Villa Representative and Villa Plus in the UK were not clearly made aware of the severity of your concerns. It is therefore extremely important that if you have a complaint that is seriously affecting your holiday enjoyment, you must write down brief details whilst on holiday and ask our Villa Representative to fax it to us in the UK.
If you wish to pursue your complaint on your return to the UK, then all complaints must be made in writing through the party leader, and no other members of the party, to Customer Services at Villa Plus in the UK within 14 days of your return home. Any claims made more than 90 days after your return date will not be considered. Except in respect of claims involving death and personal injury, failure to follow these procedures, communicated only through the party leader, will reduce or extinguish any rights you may have to claim compensation from us or any relevant supplier.
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10. Flight Timings, Aircraft and Airlines |
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We are not always in a position at the time of booking to confirm the carrier(s), aircraft type and flight timings which will be used in connection with your flight. 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) or any change in the identity of the actual carrier(s) as soon as we become aware of this. The carrier(s), flight timings and types of aircraft are for information and guidance only and may be subject to alteration after
we have entered in to agreement and issued an invoice. The latest timings will be shown on your tickets itinerary. You must accordingly check your tickets itinerary very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets itinerary have been despatched, we will contact you as soon as possible if this occurs. Any change in the identity of the carrier(s), flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges. Please note the existence of a ‘Community list’ (available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm) detailing air carriers that are subject to an operating ban with the EU Community.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not entitle you to a refund of the price of your arrangements from us. If the airline does not comply with these rules you should complain to the air transport user's council on 0207 2406061 www.auc.org.uk.
This website and our brochure is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date of its return flight.
All flights are non-smoking.
We have no control over the time flights and other transport departs and cannot guarantee that they will depart at the time specified. In the event of a delay we are under no liability. You should contact the airline representative at the airport. Please take steps on your flight to minimise the possible effects of suffering from DVT (deep vein thrombosis). You travel at your own risk. Most airlines now charge extra for meals, as well as for pre-booked seats. Some airlines now charge extra per item of baggage.
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11. Villa Conditions |
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(a) Accidental Damage Waiver (ADW)
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Most villas now have a non-refundable charge of £7.00 per person for Package Holidays and £14.00 per bedroom for non-package bookings. This charge, which is called an Accidental Damage Waiver (ADW) will be added to your confirmation invoice and is payable with your holiday balance. The ADW is used to cover accidental damage that can occur up to the value of £300.00 per bedroom. This waiver excludes negligence and vandalism. For any accidental damage that exceeds the value of £300.00 per bedroom, we reserve the right to invoice you for immediate payment. |
(b) Security Deposit
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Some villas have a Security Deposit of £250.00 to £650.00 or more (instead of ADW), which is used to protect villa owners or local suppliers against any breakages, loss, damage, unpaid local charges, additional housekeeping and any other charges. Where applicable, the cost of the Security Deposit will be included on your confirmation invoice and payable with your holiday balance. This amount will be refunded to you within 4 weeks of your return date less any damage, losses, unpaid bills etc. In the event of substantial damage/abuse to a villa, you will have to leave and find alternative accommodation at your own cost. Should the Security Deposit prove inadequate to fully cover any costs that arise, then we reserve the right to invoice you for immediate payment. |
(c) Single Sex or Young Parties
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All single sex and/or young parties will be charged a Security Deposit (for full details see Useful Information / Breakages – Villa Conditions on this website), which will be included on your confirmation invoice and is payable with your holiday balance. Villa owners require us to charge higher levels for single sex and/or young parties. |
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12. Behaviour |
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We reserve the right in our absolute discretion to terminate your holiday or any holiday services if your behaviour is likely, in our opinion or that of our employees, Villa Representatives or suppliers, to cause distress, damage, annoyance or danger to our employees or to any third party, or their property. If you are prevented from travelling on an aeroplane because in the opinion of any person in authority at the airport, you appear for whatever reason unfit to travel, we have no further responsibility for your journey
or your holiday, including any return flight. We will impose full cancellation charges and will not give any refunds. Furthermore, we will be under no obligation whatsoever to pay you compensation or cover any costs you may incur as a result of having to make alternative arrangements. We reserve the right to refuse any bookings that we think will be a nuisance to the owner.
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13. Travel Insurance |
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You are required to either take out our travel insurance or to arrange a policy that provides similar or greater cover. If you take insurance with Villa Plus you will be sent a copy policy by post or e-mail or you will have agreed to download it from our website yourself. It is your responsibility to ensure receipt and to read it in order to accept or reject its terms and conditions.
Should you not take out our insurance it will automatically be assumed that you have taken out your own travel insurance policy from the moment that you have booked your holiday. It is your responsibility to do this. Please read your policy and take it with you on holiday. It is your responsibility to ensure that the insurance cover you purchase is suitable and adequate for your particular needs.
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14. Passports, visas and health requirements |
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Holders of current UK and EU member states passports do not require visas to enter EU member states, nor are vaccinations required at the time of this publication. For all non EU passport holders you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel. Requirements may change and you must check the up to date position in good time before departure. For European holidays you should obtain a completed and issued form EHIC prior to departure. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure. We regret we cannot accept any liability if you are refused entry onto any transport or into any country due to failure on your part to carry correct documentation. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly. This includes not being able to travel due to a mislaid, damaged or lost passport.
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15. Special needs and requirements |
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Our villas may not be ideally suited for clients with disabilities although some are more suitable than others. If you have a disability and need specific answers to specific questions, then you must ensure that this has been put in writing to us and that we have included these details on your final confirmation / invoice. We are unable to take any responsibility for the lack of suitable facilities without knowing your requirements. To help us help you, please ask for a copy of our Checklist for Disabled or less Mobile clients. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details,
if we believe we or our agents / sub-contractors (including airlines) are unable to meet your needs. Any costs resulting from cancellation will be invoiced to you for immediate payment.
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16. Special requests |
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If you wish to make a special request, you must do so at the time of booking. We will try to pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or 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. Please note we accept no liability for any item/arrangement not confirmed on our invoice.
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17. Villa Occupancy |
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All the names of those persons staying at the villa overnight during the villa rental period must be given to the Company in the UK before departure and those names must match those included on the final confirmation invoice. Furthermore, your Villa Representative must be informed of any additional people staying at the villa overnight and you may have extra charges incurred. The number of people staying at the villa must not exceed the maximum number as shown in our website. Villa Plus will ask any person to leave the villa in a case of non compliance. Sub-letting, sharing, assignment or reselling is not permitted.
Additionally should any activity or large gathering of people other than those noted on our invoice take place (e.g. party, wedding reception) we must be informed about it at the time of booking or through our Villa Representative in resort beforehand. You may be charged an extra cost for cleaning / maid service and a further refundable security deposit may apply. Our villas are let for holiday purposes only and commercial activities may only be carried out with our prior knowledge and or written approval on our invoice.
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17.1 Pets/Animals |
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The villas are booked for normal holiday use only and pets/animals are not allowed.
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18. Bookings taken prior to website launch |
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We take many advance bookings prior to the launch of our website using the previous website as a guide. Occasionally some changes may occur in descriptions and/or conditions. However, at all times, the current website supersedes all previous conditions and descriptions contained either in previous websites and/or brochures. Please read this website and its conditions carefully and contact us if you have any queries. The information shown on this website supersedes all information contained in our brochure.
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19. Swimming pools |
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For all information about swimming pools please refer to the 'Health & Safety' section of this website.
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20. Data Protection |
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Villa Plus will not supply any personal client information to any third party excepting that which is required by a supplier to process your booking. See our full data protection privacy policy on our website.
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21. General |
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It is the client's responsibility to ensure that all their travel documentation (such as flight tickets, car hire vouchers, insurance policy documents, directions to your villa etc) are in order. Please check them carefully.
All telephone calls made or received by the Company may be recorded for training and quality purposes.
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| Section B – Conditions applicable to bookings of package holidays (Bookings made up of a villa and flights) |
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22. Changes and cancellation by us |
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Because we begin planning the arrangements we offer many months in advance, we must reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed. We must also reserve the right to cancel confirmed bookings. However, we promise we will only cancel your confirmed booking 10 weeks or less before departure where you have failed to make full payment on time or as a result of circumstances outside our control/"force majeure" as defined above or in other unique circumstances which are also beyond our control.
Most changes are minor but occasionally, we may have to make a "significant change". Examples of "significant changes" include the following when made before departure; a change of accommodation area for the whole or a major part of your holiday, a change of accommodation to that of a lower classification for the whole or a major part of your holiday, a change of UK departure point (flights) to one which is more inconvenient for you, a change of outward departure time or overall length of your holiday of twelve or more hours and the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period or a change of your hire vehicle. No compensation will be offered and we are not liable for these changes initiated by villa circumstances, airlines or car hire companies.
If we have to make a significant 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 following options:-
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(for significant changes) accepting the changed arrangements or |
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purchasing alternative arrangements from us, of a similar standard to those originally booked if available
(if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference) and you cannot cancel your holiday without cancellation charges applying. |
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should we be unable to offer alternative accommodation a full and immediate refund will be made. |
We will not pay you compensation where we make a significant change or cancel more than 10 weeks before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care. We will not pay you compensation and the above options (a), (b), (c), will not be available if we make a minor change or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. In rare circumstances, we may be forced by "force majeure" to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
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23. Our Liability |
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(1) We promise that your holiday arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient and that is the result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements as applicable. Further, we will only be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had asked them to do. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
(2) We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from: -
-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 arrangements and which were unforeseeable or unavoidable or 'force majeure' as defined above.
(3) We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is 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. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(4) We accept no liability for intermittent failure of public supplies or utilities such as water or electricity over which we have no control, nor of sewage systems, plumbing or mechanical equipment in villas, but shall use our best endeavours to arrange prompt repairs where possible.
(5) Please note that we do not offer compensation resulting from activities of theft or accept any liabilities for such matters both in or around the villa or in the resort.
In the event that you should lose any items of value whilst on holiday through theft or otherwise, you must report the facts immediately to the local police and obtain a written report. If a report is not obtained it will be difficult for you to pursue any claim with your insurance company.
(6) If you are ill or injured whilst on holiday, you must, in addition to reporting your illness to our Villa Representative, consult a local doctor and also consult your GP on return to the UK. Should you then wish to make a claim against us as a result of your illness or injury, you must provide us with details of both the local doctor whom you saw, and your GP, together with written authority for us to obtain a medical report from both of those doctors.
(7) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay to you will be limited. The most we will have to pay to you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements in question (for example, the Montreal Convention for international travel by air, the Athens convention for international travel by sea). Where a carrier would not be obliged to make any payment to you for any reason under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be 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 transport provider for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. In any circumstances in which the 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; any sums you receive from the carrier will be deducted from any amount due from ourselves.
(8) If you choose to issue court proceedings against us (subject to your compliance with our complaints procedure), then you must do so within two years of your return home. If we accept any liability or are adjudged to have for a claim that you make, you must assign to us any rights that you may have against any of our servants, agents or suppliers who are in any way responsible for the failure of your holiday or any death or personal injury you may suffer. You must also co-operate with us in any claim. Other than that set out above and as detailed elsewhere in these booking conditions we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
(9) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised on our website or in our brochure. For example any excursion you book whilst away, or any service or facility or any other supplier agrees to provide for you.
(10) This clause is intended to set out our obligations to you as an organiser under the Package Travel, Package Holidays and Package Tours Regulations 1992. We will not accept any further or different liability than these Regulations impose. In addition, regardless of any contrary representations made by us, we only promise to use reasonable skill and care as set out above and we do not have any further or different liability to you.
(11) We do not accept liability for (1) any damage, loss, expense or other sum(s) of any description which, based on the information you gave us at the time of booking, we could not have foreseen you would suffer or incur if we breached our contract with you; (2) any business losses.
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| Section C – Conditions applicable to bookings of non-package holidays (Bookings made up of a villa on its own or villa and car hire or transfers or both) |
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24. Changes by us |
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It is unlikely that we will have to make any changes to your holiday, but we do plan the arrangements many months in advance. We therefore reserve the right to change the particulars and prices shown in these web pages and in our printed brochure, in which case we will tell you before confirming your booking. Occasionally changes may have to be made after a confirmation invoice has been issued, and we reserve the right to make changes at any time. If there is a major change to your arrangements (i.e. a change of resort or a change to a lower or higher standard of accommodation) we will inform you as soon as reasonably possible if there is time before departure and will offer you alternative accommodation. Where this is cheaper we will refund the difference but where it is more expensive you will have to pay the difference, or cancel your arrangements and receive a full refund, but no compensation will be offered.
If, before departure, there is a minor change, we will do our best to inform you in advance although we are under no obligation to do so, nor are we obliged to pay compensation.
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25. Our liability to you |
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(1) We have a duty to select the suppliers of your arrangements with reasonable skill and care. We have no liability to you for the actual provision of the arrangements, except in cases where it is proved that we have breached that duty and damage to you has been caused.
We also have no liability in the following situations:
(i) where the arrangements cannot be provided as booked due to 'force majeure' /circumstances beyond our control.
(ii) 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.
(iii) where you incur any loss or damage that relates to any business activity.
(iv) where any loss or damage relates to any services which do not form part of our contract with you.
(2) We limit the maximum amount we may have to pay you for any claims you may make against us. For all claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is 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. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your arrangements.
(3) We accept no liability for intermittent failure of public supplies or utilities such as water or electricity over which we have no control, nor of sewage systems, plumbing or mechanical equipment in villas, but shall use our best endeavours to arrange prompt repairs where possible.
(4) Please note that we do not offer compensation resulting from activities of theft or accept any liabilities for such matters both in or around the villa or in the resort.
In the event that you should lose any items of value whilst on holiday, through theft or otherwise, you must report the facts immediately to the local police and obtain a written report. If a report is not obtained it will be difficult for you to pursue any claim with your insurance company.
(5) If you are ill or injured whilst on holiday, you must, in addition to reporting your illness to our Villa Representative, consult a local doctor and also consult your GP on return to the UK. Should you then wish to make a claim against us as a result of your illness or injury, you must provide us with details of both the local doctor whom you saw, and your GP, together with written authority for us to obtain a medical report from both of those doctors.
(6)Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier, the maximum amount of compensation we will have to pay to you will be limited. The most we will have to pay to you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or regulation which applies to the travel arrangements or hotel stay in question (for example, the Montreal Convention for international travel by air, the Athens convention for international travel by sea). Where a carrier would not be obliged to make any payment to you for any reason under the applicable International Convention or Regulation in respect of a claim or part of a claim, we will not be 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 transport provider for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request. In any circumstances in which the 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; any sums you receive from the carrier will be deducted from any amount due from ourselves.
(7) If you choose to issue court proceedings against us (subject to your compliance with our complaints procedure), then you must do so within two years of your return home. If we accept any liability or are adjudged to have for a claim that you make, you must assign to us any rights that you may have against any of our servants, agents or suppliers who are in any way responsible for the failure of your holiday or any death or personal injury you may suffer, you must also co-operate with us in any claim. Other than that set out above and as detailed elsewhere in these booking conditions we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
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| Section D – Your Financial Protection |
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26. The air holiday packages with flights booked through Villa Plus are ATOL protected by the Civil Aviation Authority. Our ATOL number is 2323.
When you buy an ATOL protected air holiday package, with flights booked through Villa Plus, you will receive a confirmation invoice from us confirming your arrangements and your protection under our Air Travel Organiser's Licence number 2323.
In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid us for an advance booking. For further information visit the ATOL website at www.atol.org.uk
Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking.
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