Booking Terms and Conditions - Package Holidays
Your package holiday contract is with Solmar Villas Limited, a member of ABTA.
Solmar Villas Limited is a registered company in England and Wales. Registered number: 7174709. Registered office: Units 2 and 3, First Avenue, Centrum 100, Burton on Trent, Staffordshire, DE14 2WE.
Contact details: Tel: 0800 799 9888 – Email: [email protected]
Introduction
Where we refer to “You” in these booking terms and conditions, this means the person responsible for making the holiday booking, otherwise referred to as the “lead party member”, all persons named on the booking (including anyone who is added or substituted at a later date) and any one of them, as applicable. The lead party member must be aged 18 years or over at the time of booking and should occupy the booked accommodation for the duration of the rental period. The lead party member is responsible for the administration of, and correspondence in regard to, the booking and warrants that they have the authority to make the booking (and any amendments and/or cancellations) on behalf of all the persons named on the booking.
In making the booking, the lead party member is regarded as having read, understood and agreed to the booking conditions on behalf of themselves and everyone else on the booking. The lead party member shall also be liable for:
(i) the full payment of any deposits and balances;
(ii) the payment of any amendment fees or cancellation charges;
(iii) confirming the details of all the persons named in the booking to us;
(iv) passing on to all persons on the booking any and all information issued by us including, without limitation, our booking confirmation invoices and these booking conditions; and
(v) the conduct of the persons on the booking (see also below the sections entitled “Security Deposits” and “Warning Violation Notice / Eviction Notice”).
Where we refer to “We”, “Us” or “Our” in these booking terms and conditions, this means Solmar Villas Limited, 13, Faraday Court, First Avenue, Centrum 100, Burton on Trent, DE14 2WX.
Where we refer to “package holidays” in these booking terms and conditions, we mean a combination of at least two of the following components involving an overnight stay, when booked with us within 24 hours of each other and invoiced at an inclusive or aggregate price:
a) Accommodation,
b) Flights,
c) Car hire.
The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations (“the Regulations”). Therefore, you will benefit from all rights applying to packages. We will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, we have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that we become insolvent. For more information on key rights under the Package Travel and Linked Travel Arrangements Regulations 2018 see the following link:
https://www.legislation.gov.uk/uksi/2018/634/contents/made
If you conclude a contract for an additional travel service with another service provider to whom you are referred by ourselves (either directly or via a website link) not later than 24 hours after receiving the confirmation of your booking with ourselves, the combined travel services provided by ourselves and the other service provider will constitute a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations 2018. Therefore, you will benefit from all rights applying to packages. We will be fully responsible for the proper performance of the package as a whole.
Please click on the link below to go to the government’s website for a comprehensive guide to the regulations which came into force on 1st July 2018.
Link - http://www.legislation.gov.uk/uksi/2018/634/contents/made
Clicking on the link below will open the entire document relating to the regulations in PDF format
Link - http://www.legislation.gov.uk/uksi/2018/634/pdfs/uksi_20180634_en.pdf
(1) Your Holiday Contract
When you make a holiday booking, you guarantee that you have the authority to accept, and do accept, on behalf of your party these booking terms and conditions. A contract will exist following payment of the required deposit/balance and as soon as we issue our Confirmation Invoice. The entire contract between you and us will be evidenced by the confirmation invoice, these booking conditions, our website’s terms and conditions of use, our privacy policy (https://www.solmarvillas.com/information/privacy) and any and all information that we provide to you in regard to your booking. We reserve the right not to accept your booking at any time up until we have issued a confirmation invoice to you and, in this event, we will refund any deposit(s) that you have paid to us. It is important that you check the confirmation invoice carefully and advise us immediately of any incorrect or incomplete information.
After making a booking on our website, you will automatically receive a Booking Request Confirmation. This is NOT a confirmation that your booking is confirmed. You will receive another email within 24-48 working hours (not including weekends/bank holidays), which will state “Confirmation Invoice”.
The holiday contract is made on the basis of these booking terms and conditions, which are governed by English Law and both you and we agree to submit to the jurisdiction of the English/Welsh Courts at all times.
We reserve the right to refuse bookings in our absolute discretion. Where bookings are made via third parties (e.g. travel agents) and confirmed on our systems, we will have the right to cancel those bookings prior to sending a confirmation invoice. Any payments made to us prior to that stage will be refunded. Where age restriction requirements are not met, our delivery of a confirmation invoice where online bookings, or bookings via third parties, have been made by prospective customers in clear breach of those requirements (e.g. regarding the occupation of some villas by large groups, in certain destinations, at certain times of the year), will not prevent bookings from being cancelled once it is established that such a breach has occurred. We will have no liability to you or any third party in the event of cancellation in such circumstances.
(2) Travel Insurance
It is a condition of booking that you purchase a comprehensive travel insurance policy either before or as soon as your booking is confirmed. This insurance should, as a minimum, provide full Covid-19 cover, protect you for cancellation charges, curtailment/repatriation expenses, medical expenses (including for pre-existing medical conditions), loss/theft of personal possessions and documents, and personal liability. You shall be liable for any costs, damage, loss or other expense incurred by us arising from or in connection with your not taking out a comprehensive travel insurance policy at the time of booking.
(3) Special Requests
Any special requests must be advised to us at the time of booking. Whilst every effort will be made to meet any reasonable special requests, we cannot, and do not, guarantee that they will be fulfilled and any failure to meet a special request shall not be deemed as being a breach of our contract with you or a breach of our duty of care towards you. 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 relevant supplier, is not confirmation that the request will be met. We reserve the right to decline any booking that is conditional upon any special request being met.
(3.1) Disabilities and Medical Conditions
If you or any member of your booking has any specific medical condition, disability or reduced mobility which may affect your chosen arrangements then you should provide us with full details at the time of booking and before we issue a booking confirmation to you, so that we can advise as to the suitability or otherwise of such arrangements. The lead name on the booking must also promptly update us of any changes that may occur after booking, but prior to departure. If we reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to inform you of this.
(3.2) Passport, Visa, Immigration and Health Requirements
It is your responsibility to check and comply with any travel, passport, visa, entry, health, vaccination, testing and immigration requirements applicable to your booking. Requirements change on a regular basis and you must therefore continually check and monitor the requirements up to your date of return, both in regard to the countries to which you are travelling to or through - and any requirements on your return to the UK. In addition to the relevant embassies and/or consulates, information can also be found on the following websites (correct at time of publication):
- FCDO (https://www.gov.uk/foreign-travel-advice)
- NaTHNaC (https://travelhealthpro.org.uk/)
- Brexit (https://www.gov.uk/visit-eu-switzerland-norway-iceland-liechtenstein)
- GHIC: (https://www.gov.uk/global-health-insurance-card)
- Passports: (https://www.gov.uk/apply-renew-passport)
- https://www.gov.uk/government/organisations/department-for-transport
- https://www.gov.uk/government/organisations/department-for-education
We will not accept any responsibility or liability if any member of your booking cannot travel because they have not complied with any travel, passport, visa, vaccination, testing or immigration requirements or are not in possession of necessary travel documentation (including, but not limited to, vaccination certificates, testing kits and any other required documentation).
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 from date of issue, you should check with the Embassy of the country you are visiting. 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 such requirements.
(4) Your Financial Protection
When you book a flight-inclusive package holiday with us you will receive a Confirmation Invoice confirming your arrangements and your protection under our ATOL (Air Travel Organiser’s Licence) number 10334. At the time of drafting these booking conditions, the price of our air holiday packages includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the Civil Aviation Authority (CAA). This charge is included in our advertised prices. 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 to us for an advance booking.
When you buy an ATOL-protected flight-inclusive holiday from us we will issue you with an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong.
If you do not receive an ATOL Certificate (e.g. for an accommodation-only booking) then the booking will not be ATOL-protected. If you do receive an ATOL Certificate but all parts of your trip are not listed on it, those parts that are not listed will not be ATOL-protected. For more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or against your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. For further information visit the ATOL website. If you book arrangements other than a package holiday or a Linked Travel Arrangement (as defined in the Package Travel and Linked Travel Arrangements Regulations 2018) from this website, the financial protection referred to above does not apply.
For non-ATOL protected package holidays we offer financial protection via ABTA (membership number W1485), which would operate if we were to cease trading.
(5) The Price You Pay
When you make your booking, you must pay a deposit (by debit card, credit card or bank transfer), or, if the date of booking is within 12 weeks of your departure date, the full price of the booked arrangements. Where a deposit is paid at the time of booking, the balance of the price of your arrangements must be paid 12 weeks before your departure date. Balance reminders will be sent to the email address provided by you at the time of booking (please check your junk/spam folders), however it is your responsibility to pay on time. If the deposit and/or balance is not paid on time, we reserve the right to cancel your booking and retain your deposit as a contribution towards the cancellation charges payable (see “If You Cancel Your Booking” below). For package bookings, all monies you pay to a travel agent for your booking are held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust at all times but subject to the agent’s obligation to pay it to us for so long as we do not fail. If we do fail, any money held at that time by the agent, or subsequently accepted from you by the agent, is and continues to be held by that agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.
The cost of your travel arrangements have been calculated at a rate of: GBP £1.00 = 1.15 Euros. We can change your holiday price after you’ve booked, only in certain circumstances:
Changes in the price of the carriage of passengers resulting from changes to the cost of fuel or other power sources, the level of taxes or fees imposed by third parties including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports, or exchange rates mean that the price of your travel arrangements may change after you have booked.
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 paid to us and any amendment charges. You will be charged for the amount over and above that. If this results in an increase equivalent to more than 8% of the price of your travel arrangements, you will have the option of accepting a change to another holiday if we are able to offer one (we will refund any price difference if the alternative is of a lower value), or cancelling and receiving a full refund of all monies paid, except for any amendment charges. Should you decide to cancel: 1) you must do so within the time period shown on your final invoice 2) We will provide a refund of insurance premiums paid to us if you can show that you are unable to transfer or reuse your policy.
Should the price of your holiday go down due to the cost changes mentioned above, then any refund due will be paid to you. We will deduct from this refund our administrative expenses incurred. 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.
In order to qualify for infant status, a child must be under 2 years of age on the date of the return flight.
(5.1) Accidental Damage Cover & Security Deposits
You have the option to purchase a damage waiver cover for £7.50 per person in your party (excluding infants). Payment of this supplement will cover accidental damage that may occur in your accommodation during your holiday, up to a value of £100 (one hundred pounds) per incident. Where the supplement has been paid and the value of any damage exceeds £100, we will require payment for the amount over and above the initial £100. Accidental damage cover does not cater for wilful, negligent conduct or charges made for additional cleaning made necessary by such conduct or as a result of accommodation being left in an unacceptably untidy or dirty condition.
Where you opt not to pay the Accidental Damager Cover supplement, a security deposit of £500 (five hundred pounds) will be payable seven days prior to the start date of your booking. The deposit will be refunded, usually within 7 days but no later than twenty-eight days after your departure from the accommodation, less any charges reasonably payable to the accommodation supplier for damages, excessive cleaning or other costs. Where the value of any damage exceeds £500, we will reserve the right to require payment to the value over and above £100 per incident.
In some cases/destinations the accommodation supplier will require a higher security deposit to be paid. You will be informed if this is the case, and the amount payable, either at the time of booking if through our call centre, or within one week of booking if booked online. Again, the deposit will be collected seven days prior to the start date for your booking. There are a small number of accommodations where a refundable deposit will be payable locally and refunded prior to the end of your stay. This will be mentioned, if applicable, on our website description of the villa. We reserve the right to run a credit check against lead passengers in cases of damage reclaim.
Any non-family groups of four or more, where the average age is less than 25, will be required to pay a security deposit of £500 or £100 per person (whichever is the greater).
(6) Villa Occupancy and Occupancy levels
Please note that your holiday booking is valid for the persons listed on your confirmation invoice/documentation. Adding persons after the point of booking will be treated as booking amendments and will incur a £25.00 per person amendment fee. The villa is available for use only by the persons listed on the Confirmation Invoice. Exceeding the contracted number of occupants using the villa for any period of time, without prior written agreement from us, will result in the charging of an over-occupancy fee of up to £5000.00. You will be required to provide us with postal addresses and passport details for all individuals travelling, so as to comply with overseas local laws and regulations, within 7 days of booking. Whilst we welcome same-sex couples, we are unable to accept groups of the same sex under the age of 25. Our villas are not suitable for hen and stag parties. For details of how we use your information please see our privacy policy: https://www.solmarvillas.com/information/privacy
(6.1) Pets and Smoking
Pets and smoking are not permitted in any of our villas. Should evidence of pets or smoking be found during your stay or on departure, a charge of £250 will be made for extra cleaning.
(7) Accuracy
We endeavour to ensure that all of the information and prices on our website are accurate. Distances are calculated using information provided by accommodation owners and local agents. Occasionally circumstances may change without our knowledge (e.g. shop and restaurant closures, road closures) and pricing errors do occur. We reserve the right to correct prices and other details in such circumstances. Where such corrections are made, you will have the right to cancel your booking with a full refund. No further compensation will be payable. Where your decision to book relates primarily to location or the availability of a specific facility/service, you should contact us to check the details relating to the availability of the chosen arrangements before your booking is confirmed. We reserve the right to correct prices and other details in any such circumstances and at any time (prior to a booking being confirmed). You should check the current price and all other details relating to the arrangements that you wish to book before making a booking. We will not be liable for booking errors which are attributable to you and, should you subsequently need to amend a booking that has been confirmed, amendment charges shall apply. If a price on our booking confirmation, website or promotional material is obviously incorrect, a booking made on the basis of that price will not be valid and we will reserve the right to cancel the booking, unless you wish to pay the correct price.
(8) If You Change Your Booking
If, after our Confirmation Invoice has been issued, you wish to change your arrangements in any way (for example your chosen accommodation or booking commencement date), we will do our utmost to make these changes but it may not always be possible. Any requests for changes must be made by the lead party member in writing, or notified by your travel agent and the effective date will be upon receipt of such notification. We will not accept any instruction to either change or cancel bookings from any other member of your party. You should be aware that accommodation, travel and other costs may increase the closer to the booking commencement date that changes are made, so you should contact us as soon as possible. Changes to your chosen accommodation or booking dates made less than 12 weeks before the originally booked commencement date will be classed as a cancellation and will incur a cancellation charge as outlined in the table below.
Changes to your chosen accommodation made more than 12 weeks before the originally booked commencement date will incur an administration fee of £150.00 per change plus any additional price difference. Where the replacement villa has a lower occupancy capacity than the original villa, there will be a deposit retention cancellation charge equal to the reduction in the number of bedrooms. (For example, where a 5-bedroom villa is originally booked with a deposit of £1000, and a change is made to a 3-bedroom villa, the deposit retention cancellation charge will equal £200 per bedroom = £400 deposit retained.) If, more than 12 weeks before the originally booked commencement date, you wish to change the booking commencement date by more than 14 days, this will be classed as a cancellation and a loss of deposit will be charged.
Note: - Certain travel arrangements (e.g. Advance Passenger Excursion Fare (Apex) flight tickets) cannot be changed after a reservation has been made and any alteration will incur a 100% cancellation charge. This applies also to changes made to all “low-cost” scheduled flights.
(9) If You Cancel Your Booking
You, or any member of your party, may cancel your/their arrangements at any time. Written notification from the lead party member must be received at our offices before any cancellation will be processed and the effective date will be the date on which the notification is received. As we incur costs for cancelling arrangements, you are required to pay the applicable cancellation charges up to the maximum shown in the table below. Where any cancellation charge amounts to less than the deposit that has been paid, the full amount of the deposit will be retained.
If you cancel your booking and have benefited from our 15% low deposit, you will be required to pay the cancellation charges as outlined below.
Note: - If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
IF YOU CANCEL YOUR ARRANGEMENTS |
|
|
|
Period before departure within which notice of cancellation is received by us. |
|
Amount of cancellation charge (% of holiday cost) |
|
More than 83 days |
|
|
25% |
83-43 days |
|
|
50% |
42-29 days |
|
|
75% |
28-0 days |
|
|
100% |
(10) If We Change or Cancel Your Booking
It is unlikely that we will have to make any changes to your arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in some circumstances to cancel your arrangements. However, we will not cancel your arrangements less than 12 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked arrangements, we will offer you an equivalent alternative. If an equivalent alternative isn't available, you can have a refund of all monies paid for the changed arrangements. except in cases of force majeure where you will be offered a credit voucher. If it is necessary for us to cancel your arrangements, we will pay to you compensation as set out in this clause.
Please note that suppliers such as airlines used in the provision of your holiday may be subject to change. Such a change is deemed to be minor and will not provide entitlement to compensation under these booking conditions. Other examples of minor changes include, but are not limited to, alteration of the times of your outward or return flights by less than 12 hours, changes to aircraft type, any change to a London departure airport (including London City, London Gatwick, London Heathrow, London Luton, London Stansted and London Southend) and changes of accommodation to another of the same standard.
If we make a major change to your arrangements, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. We will offer you an alternative. If an alternative isn't available, you can have a refund of all monies paid for the changed arrangements, except where the major change arises due to reasons of force majeure.
|
IF WE MAKE A MAJOR CHANGE TO YOUR ARRANGEMENTS |
IF WE CANCEL YOUR ARRANGEMENTS |
Period before departure within which notice of cancellation or major change is notified to you. |
Amount you will receive from us (% of price paid) |
|
More than 83 days |
NIL |
Deposit only |
83-43 days |
£10.00 |
100% +£10.00 |
42-29 days |
£20.00 |
100% +£20.00 |
28-0 days |
£25.00 |
100% +£25.00 |
Post-departure |
£50.00 |
N/A |
If it is necessary for us to cancel your arrangements, we will pay you compensation as set out in this clause. You will be offered an alternative and have the choice of either accepting the proposed arrangements, accepting an offer of different alternative arrangements, or cancelling your booked arrangements and receiving a full refund of all monies paid for the cancelled element. For package holidays that are subject to the Regulations, where a major change to accommodation arrangements arises due to reasons of force majeure you will be offered the opportunity to rebook the accommodation for alternative dates. Credit notes may be offered as an alternative at the discretion of the company. In all cases (except where the major change arises due to reasons of force majeure) we will pay compensation as detailed above.
Payment for flights is required in full on booking and is non-refundable unless cancelled by the airline. The timing of any refunds due for cancelled flights will be dependent on the airlines’ processing times.
Force Majeure: - Except where otherwise expressly stated in these booking conditions we will not be liable for any damage, loss, costs or other expenses incurred by you - or pay you compensation - where the performance or prompt performance of our Contractual obligations to you are prevented, or affected by, or you otherwise suffer any damage, loss or expense of any nature, as a result of unavoidable and extraordinary events.
Unavoidable and extraordinary events are events that neither we nor the suppliers of any service(s) in question could, even with all due care, foresee or avoid. Such events include, without limitation, war (whether actual or threatened), civil unrest, riot, strife, terrorist activity and/or its consequences or the threat of such activity, health risks, infectious disease, epidemics and pandemics and government measures to combat such outbreaks, riot, the act of any government or other national or local authority or the act of any airport, port or river authorities, unforeseeable technical problems with transport, airport, port or airspace closure restriction or congestion; flight or other travel restrictions imposed by any government, regulatory authority or other third party; industrial dispute, sanctions, lock closure, natural or nuclear disaster, fire, flood, adverse weather conditions, volcanic eruption, chemical or biological disaster, consequences of Brexit and all similar events outside our or the concerned supplier’s control.
(11) If You Have a Complaint During the Holiday
In the unlikely event you should have a problem on your holiday, it is a condition of booking with us that you must report it, without delay, to our local villa representative and/or the supplier of the service(s) in question. If you are unable to contact them you should contact our office in the UK (contact details are on the “Contact” page of our website). If this is done verbally then confirmation in writing (email) should be sent to us as soon after as possible. Complaints can also be notified online via our contact page: https://www.solmarvillas.com/contact-us.
All our suppliers and representatives must be given the opportunity to resolve any issues brought to their/our attention and allowances must be made by you for any local conditions regarding the reasonable amount of time taken to rectify the problem.
Claims for compensation will only be considered where it is proven that any problem was reported in accordance with this clause and had a prolonged or major impact on the enjoyment of the arrangements. It is not acceptable to make a complaint on return from your holiday when we have not been made aware of your concerns during the holiday itself. It is therefore imperative that if you have a complaint, you contact your representative, local agents or our staff in the UK without delay.
If your complaint is not resolved locally, please follow this up within 28 days of your return home by completing our online Complaint Form. Please keep your complaint concise and to the point. This will assist us in quickly identifying your concerns 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 extinguish or reduce any entitlement to compensation.
Compensation in relation to extras and supplements such as pool heating etc. is limited to the invoice price of the product only. Any refunds will be calculated accordingly.
(11.1) What Happens to Complaints After the Holiday
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, for disputes to do with this contract that cannot be settled, you may, if you wish, refer a claim to Arbitration under a special scheme which has been arranged by the Association of British Travel Agents, but is administered quite independently by Hunt ADR. The scheme provides for a simple and inexpensive method of Arbitration on documents alone with restricted liability on you in respect of costs. Claims under the scheme cannot be made for more than a total of £25,000, or £5,000 per person. Where a claim for personal injury is made the limit on the amount claimed is £1,500 per person. If you choose to proceed to Arbitration under this scheme, you must send a written notice of your request to ABTA within 18 months of your scheduled date of return.
Full details of the scheme are available from the Association of British Travel Agents - https://www.abta.com/help-and-complaints/customer-support/resolving-disputes.
(12) Our Liability to You
12.1 Under the Package Travel and Linked Travel Arrangements Regulations 2018, we are responsible for the proper performance of the package. However, you must inform us without undue delay of any issues with any of the travel services included in your booking (please see clause 11 regarding complaints) for how to make a complaint in resort.
12.2 We will not be liable for any injury, illness, death, loss (for example loss of possessions or loss of enjoyment), damage, expense, cost or other sum or claim of any nature or description whatsoever which results from:
(i) the act(s) and/or omission(s) of the person(s) affected or another/any member of your group;
(ii) the act(s) and/or omission(s) of a third party unconnected with the provision of the travel services in the booking that are unforeseeable or unavoidable;
(iii) unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken;
(iv) any loss or damage you incur that relates to any business activity (including without limitation loss of earnings); (v) any loss or damage that relates to any services that you may have entered into separate contracts for with other providers/suppliers and which do not form part of our contract with you (including, without limitation, any additional services or facilities booked and arranged by you directly, including any activity, tour or excursion you purchase in destination from a third party) and/or any services provided near to where you are staying such as water sport providers, beach vendors, shops, massage and other spa therapies and sporting facilities;
(vi) any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to it being confirmed, we could not have foreseen you would suffer or incur if we breached our contract with you; and
(vii) any damage, loss or expense or other sum(s) of any description pursuant to clause 16 (Covid-19).
12.3 Our contract with you and the laws and applicable standards of the country in which your claim or complaint occurred will be used as the basis for reviewing your complaint. If the particular travel services which gave rise to the claim or complaint were provided in compliance with the applicable local laws and standards, the travel services will be treated as having been properly provided. This will be the case even if the travel services did not comply with the laws and standards of the UK which would have applied had those services been provided in the UK.
12.4 Our liability, except in cases involving death, or personal injury as a result of our negligence, or the negligence of our suppliers who provide some of the services that form part of your contract with us, shall be limited to a maximum of three times the cost of your travel arrangements (excluding any amendment/administration charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under any conditions of carriage or International Conventions.
12.5 We are to be regarded as having all benefit of any limitation of compensation contained in these booking conditions in addition to any applicable International Conventions (including, without limitation, the Montreal Convention, the Athens Convention, the Berne Convention and the Paris Convention) and any limitation of liability provided for in any applicable conditions of carriage of the transport companies that provide the travel services that make up your booking (e.g. airlines, boats, ships, inland waterways, trains). Any such terms shall be incorporated into your contract with us and will apply to you on that journey. Please note that strict time limits may apply for notifying of loss, damage or delay of luggage to airlines. You can ask for copies of the travel service conditions of carriage or the international conventions from us.
12.6 Under the Air Passenger Rights and Air Travel Organisers’ Licensing (Amendment) (EU Exit) Regulations 2019 you have rights in some circumstances to refunds and/or compensation from your airline in cases of denied boarding, cancellation or delay to flights. Full details are available from the relevant airlines. Any reimbursement in such cases will not automatically entitle you to a refund of your booking price from us. Your right to a refund and/or compensation from us is set out in these booking conditions. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
12.7 We cannot accept liability for any damage, loss, expense or other sum(s) of any description which did not result from any breach of our contract with you or other fault by ourselves or our employees or, where we are responsible for them, our suppliers.
12.8 We will have no liability for the criminal acts of local suppliers, our-sub-contractors, their employees, sub-contractors or agents.
(13) Privacy Policy
This website and the "Solmar Villas" brand are owned and/or produced by us. We are responsible for the collection and proper management of any personal information you submit. We will keep your personal details secure and use the information you provide consistently with applicable privacy and data protection laws and the terms of this Privacy Policy. Please read our full Privacy Policy here https://www.solmarvillas.com/information/privacy
(14) Warning Violation Notice / Eviction Notice
We are delighted that the majority of our customers respect the villas they are staying in, the neighbours who surround them and the local laws of the country they are holidaying in. As such, you are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our reasonable opinion or in the reasonable opinion of any other 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 third party (including being threatening or abusive, upsetting, annoying or disturbing any other traveller, our staff, the supplier’s staff or agents or putting any of them in danger) or damage to property, we reserve the right to consider your booking to have been cancelled by you with immediate effect.
In this event our liability to you will cease and you and the people on your booking will be required to leave your accommodation or other service immediately. We will have no further obligations to you and/or the people on your booking and will not be liable for any damage, loss, refunds expenses, or other costs incurred by you as a result, including, but not limited to, any return travel arrangements, the costs of cleaning, repairing or replacing property lost, damaged or destroyed by you and compensating any staff or agents affected by your actions.
If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation owner or supplier 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 owner, supplier or any third party as a result. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking or with us.
(15) Violation and Eviction Notice Procedure
If we receive a complaint regarding the conduct of you or any member of your party, this will be investigated in the first instance. If, in our considered opinion, the complaint has foundation, the following will occur:
1) Where appropriate, a Violation Warning Notice detailing the complaint, date and time will be issued requesting the cessation of the conduct complained of and confirming that eviction may result should it not happen.
2) If we are forced to attend the property for a second time or, the complaint/behaviour is serious enough to warrant an immediate eviction, an Eviction Notice will be issued, which will have the effect of terminating the contract.
(16) Covid-19
We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst in destination. We will have no liability to you or any member of your party for any compensation, costs, expenses or other losses (including where applicable the cost of medical treatment) incurred should you or they be unable to travel due to either contracting Covid-19, being expected to isolate/quarantine due to either having contracted Covid-19 or come into close contact with someone who has, or any other Covid-19 related circumstances.
We will have no liability to you or any member of your party should you or they contract Covid-19 during the holiday and have to isolate/quarantine, attend or spend time in hospital, or not be able to return from holiday on the booked date for any other Covid-19-related reason. Where extended stays in resort are necessary, we will not be under any duty to extend the booked arrangements.
You are reminded that it is a condition of booking with us that you and your party are adequately insured, to include, but not limited to, cover for not being able to travel as a result of falling ill from, or being required to isolate due to, Covid-19 and cover for any losses incurred as a result of falling ill from Covid-19 during the holiday.
For further information regarding travelling during Coronavirus, please refer to ABTA’s information page, which is regularly updated: https://www.abta.com/tips-and-advice/travelling-during-coronavirus.
(17) Additional Assistance
We will provide appropriate assistance in the event that you or a person in your booking experience difficulty whilst in destination, in particular, by providing information on health services, local authorities and consular assistance; and helping you to make any necessary phone calls/emails and find alternative travel arrangements. We will charge a reasonable fee for such assistance if the difficulty is caused intentionally by you or a person in your booking, or as a result of your negligence.
Variation
These booking conditions may be varied by us at any time and at our sole discretion. Any new booking conditions will be published on our website and will have immediate effect.
Publication date: August 2022