Booking conditions

Your Contract is with James Villa Holidays Ltd

Your holiday contract
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. You must be at least 21 years old to make a booking with us. Your contract with James Villa Holidays Ltd is made once one of the following steps have been completed: 1. A confirmation invoice has been issued to you. 2. When a booking is made within 10 weeks of departure on holiday, direct by telephone and paid by debit/credit card and we give you verbal confirmation. 3. Where we have to specifically request flight seats or other services in order to confirm your booking. 4. If the booking is made on our website and you opt to pay at the time of booking, the time of the first payment. Your contract with us will be governed by English Law and is subject to the jurisdiction of the English Courts at all times.

Your financial protection
The Package Holidays and Travel Trade Act, 1995 require us to provide security for the monies that you pay for the package holidays booked from this brochure and for your repatriation in the event of our insolvency. We provide this security by way of a bond held by the Commission for Aviation Regulation under license number T.A. 0645. If you book arrangements other than a package holiday from this brochure, your monies are also protected by way of the bond.

Paying for your holiday
You must pay a deposit of €150 (excluding infants under 2 years on the date of their return flight), per person when you book and 30% deposit for holidays to France together with all applicable insurance premiums if required. If the booking is for accommodation only the deposit is 25% of the price of the villa. When a booking includes ‘Low Cost’ or scheduled airline flights, a deposit covering the full cost of these flights plus 25% of the accommodation price is required. The balance of your holiday price must be paid at least ten weeks before departure. Cheques can only be accepted if received more than eleven weeks before departure. If you fail to pay in full ten weeks before departure your holiday will be cancelled and you will lose your deposit and any insurance premiums you have paid. If you book within ten weeks prior to departure this will be classed as a late booking and we must receive full payment by debit or credit card before we can confirm your booking. When you pay for your holiday by credit/charge card, we reserve the right to levy a handling charge for each payment made by these means, except for the initial deposit, when booking more than ten weeks in advance of travel (no charge for Maestro/Delta transactions). Tickets will not be issued until your holiday has been paid for.

Your holiday price
We reserve the right to alter the prices of any of the holidays shown in our brochure. 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. Once you have booked your holiday, the price of any flight supplements will not change. 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 package. Any benefits derived from decreases in these costs will be passed on to you. 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 or retained. For larger variations this 2% will still be absorbed for increases but not retained from refunds. No price increases will be made within 30 days of departure. In either case there will be an administration charge of €1 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 you final invoice. Whether you cancel or not you will also be entitled, on the terms set out in respect of major changes in the section entitled “If we change or cancel your holiday”, to accept an offer of alternative travel arrangements from us if we are able to do so and compensation if appropriate.

Breakage deposit and tickets on departure
A non-refundable charge of €6 per person will be added to your invoice. This is to cover accidental damage that may occur in you accommodation during your holiday, up to the value of €150 per person. (Except some Leisure Resorts and certain accommodation in France, Tuscany, Ibiza and Florida, where a refundable deposit will be payable locally and Barbados where a refundable deposit is payable prior to departure). Please note that the breakage charge does not cover you for willful and negligent behaviour. If the cost of accidental damage exceeds £150 per person, the deposit amount, or damage is caused by negligence or intention, a charge will be made locally or an invoice will be sent to you on your return to the UK. If a booking is made within 21 days of departure of the holiday and that booking includes flights, it may be necessary for us to arrange for the tickets to be delivered to you at the UK airport. If we have to do this we will make a charge for the service.

Confirmation
Please check your confirmation invoice, tickets, final itinerary and all other documents you receive from us, immediately on receipt. You must contact us straightaway if any information appears to be incorrect as it may not be possible to make changes later. We are responsible for providing the holiday we have confirmed to you. If you cancel or alter your booking later on, you may have to pay an amendment charge. We reserve the right to refuse your booking. If we do this we will refund any money already paid to us.

If you change your booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing from the person who made the booking. If one of your party withdraws from the holiday, someone else can take their place providing they satisfy the conditions of the original booking, and you inform us in writing at least 14 days before departure. The Party Leader must sign the letter, and we charge a €30.00 administration fee per person, as well as any charges imposed on us by hoteliers, airlines and other service providers. We will help you to make any other changes, but your booking will incur a €30.00 administration fee per change per person. If you make a number of changes to the same booking, we will only make a reasonable overall charge. Except for a change of name, any changes you make within 12 weeks of your departure will be treated as a cancellation and the cancellation charges shown in the section “If you cancel your holiday” may apply. Most airlines treat name changes as cancellations and impose extra charges, which you will have to pay. If you make changes after an airline ticket has been issued, you may have to pay for the cancelled ticket and buy a new ticket at full cost. ‘Low Cost’ and scheduled flights are booked on a non refundable basis and cannot be changed, if the booking is cancelled, the full airfare will still be charged and the accommodation will be subject to our normal cancellation charges.

If you cancel your holiday
To cancel the entire holiday or any component, the Party Leader must either write, fax or email our Reservations department. Our contact details are stated on your booking confirmation. Cancellation takes effect on the date we receive your letter. If you cancel after we confirm your booking, you must compensate us for losses, as we incur costs from the moment you make the booking. The closer your cancellation is to the departure date, the less likely we are to recover the costs by re-selling the holiday or components at the brochure price. Our cancellation charges therefore increase as the departure date approaches, as shown below. If you have to cancel for a reason covered by your insurance policy, you should be able to recover the cancellation charges. Claims must be made directly to the insurance company concerned. When only some members cancel in a group that has booked a holiday together, the charge will be based on the price of their holiday only. Remaining passengers in the group must pay any increased costs for the holiday, including the full accommodation cost.

The following cancellation charges apply:
More than 12 weeks prior to departure – loss of deposit and insurance premium (if applicable)
84 – 43 days prior to departure 40% of the cost of your holiday or loss of deposit whichever is greater.
42 – 29 days prior to departure 50% of the cost of your holiday or loss of deposit whichever is greater.
28 – 22 days prior to departure 70% of the cost of your holiday 21 – 15 days prior to departure 90% of the cost of your holiday
14 – 0 days prior to departure 100% of the cost of your holiday

If we change or cancel your holiday
It is unlikely that we will have to make any changes to your travel arrangements, however we do start planning arrangements many months in advance. Occasionally, we may have to make changes and correct errors in the brochure or on the website and other details both before and after bookings have been confirmed. In the event of minor alterations, we will do our best to notify you before you travel. If a significant change or cancellation has to be made to your holiday arrangements we will notify you as soon as possible. You may then: a) accept the changed arrangements; b) take an alternative holiday subject to availability. If the alternative is of a lower price than that originally booked the difference (if already paid by you) will be refunded. If the alternative is more expensive you will have to pay the difference; or c) cancel your booking completely, in which case we will refund you all monies paid by you except for administration fees for changes you have made and credit card charges. In addition James Villa Holidays will pay compensation as follows, except infants:

More than 56 days prior to departure €0 per person
56 – 43 days prior to departure €15 per person
42 – 29 days prior to departure €30 per person
28 – 15 days prior to departure €45 per person
14 – 0 days prior to departure €60 per person

Note: if the substituted holiday is of a lower price than the one originally booked, we will also refund the price difference. If the substitute holiday is of a higher price we will deduct the price difference from the compensation payable. Significant changes include: Change of UK departure airport other than between Heathrow, Gatwick, Stansted and Luton; change of time of departure or return by more than 12 hours; change of resort; change of accommodation to that of a lower category. Please note in our opinion an accommodation change in certain circumstances does not constitute a significant change.

IMPORTANT NOTE: Compensation arrangements do not apply to circumstances beyond our control. We can cancel your holiday arrangement in the following circumstances: war, threat of war, riots, civil strikes or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport, port or station closures, bad weather conditions and similar events beyond our control.

Your holiday travel
By Air
The flights shown in this brochure are operated by scheduled, charter and low cost airlines. They use wide and narrow body jets. We may change airlines or aircraft types at any time: this does not count as a Significant Change. Some flights may need to stop en route. If we know about this in advance we will tell you. Flight times on your booking confirmation are not guaranteed. Actual flight times are shown on your tickets. Check-in at all airports is usually at least 2 hours before take off. The airline may refuse check-in if you arrive late which may result in full cancellation charges being levied. Any additional costs incurred in assisting you to travel in such circumstances will be your responsibility. You must comply with the conditions of carriage applied by land, sea and air carriers. Airlines do not bear any responsibility for and are not committed by the text of these conditions. Please note in relation to flights that, by our contract with you, we do not enter into an agreement for carriage by air but rather we only undertake to reserve accommodation onboard the airline advised at the time of booking or such airlines as may be substituted. The provisions of the Warsaw Convention 1929 (as amended) and the Montreal Convention 1999 concerning the carriage of passengers and their luggage by air, and the airline’s conditions of carriage and for EU registered carriers the EU Regulation on Air Carrier Liability for international and national travel by Air, may apply to you and your party during your flight, and during boarding and disembarkation. These provisions and conditions may limit or exclude liability for death or personal injury, or loss of or damage to luggage, and may make special provisions for valuables. We will supply a copy of the conditions of carriage applicable to your holiday, and of the Warsaw Convention, if you request them.

By Sea
Ferries are required by law to record the names, age group and gender of all passengers, together with (for the purposes of an emergency) details of any special care or assistance needs. Failure to provide this information will result in permission to board being refused. You should note that if the required information is not provided earlier than the day of travel, your journey could be subject to delay. Athens Convention - you are advised that the provisions of the convention relating to the Carriage of Passengers and Luggage by Sea 1974 as in force under English law (“the Athens Convention”) may be applicable. In most cases, this limits our liability for death or personal injury or loss of or damage to luggage (including a vehicle) and makes special provision for valuables. A copy of the Athens Convention is available on request.

By Rail
Eurotunnel’s liability for loss or damage in respect of Passenger Vehicles shall in no event exceed 8,000 SDR per vehicle. A Passenger Vehicle towing a trailer, whether loaded or unloaded, shall be considered as a single Passenger Vehicle.

Delays
We are unable to accept any liability for any delay to your flight, ferry crossing or train journey whether the delay or cancellation is caused by adverse weather conditions, the action of air traffic controllers, the action of port, airport authorities or governments, the rescheduling of times by the carrier, mechanical breakdown, strike or industrial action or otherwise. In such circumstances you may be able to make a claim under your insurance policy. When a flight delay occurs we will try to make sure refreshments or meals are provided when appropriate. We will not do this ourselves as such arrangements will normally be the responsibility of the airlines.

Your accommodation
This is reserved exclusively for the people named on the confirmation invoice and no other persons are permitted to stay at the accommodation unless this has been agreed with us in writing and appropriate payments made (if applicable). Additional guests will be asked to vacate by resort staff, accommodation supplier or other person in authority. On departure you should leave the accommodation in a reasonably clean and tidy condition so that we can efficiently prepare it for our next guests. If additional cleaning has been necessary, a charge will be made locally or an invoice will be sent to you on your return to the ROI. Please note that single sex parties or groups of young adults (under 21) may only be accepted at selected villas.

Special requests
If you have a special request that does not form part of the arrangements described on the website or in our brochure please inform us in writing. We will do our best to comply but cannot guarantee to do so and it will not form part of our contracted obligations. We regret that we are unable to advise prior to departure if special requests cannot be met. Requests for wheelchair assistance at airport, in-flight meals or specific seating on an aircraft should be made at the time of booking. Special requests made after your booking date must be confirmed in writing within seven days of the request. We will make every effort to accommodate your request and inform the relevant airline or supplier concerned. However we cannot guarantee that special requests will be provided and recommend that you repeat your request to the airline or relevant supplier at the appropriate time.

Holiday insurance
Adequate insurance is essential. Your booking may not be accepted until insurance arrangements have been made. Premiums may automatically be added to your booking unless you specify the details of your alternative insurance. You may wish to arrange an alternative cover, however we highly recommend that any alternative insurance purchased must have a 24-hour emergency telephone service. We will request these details at time of booking.

Our liability to you
We accept responsibility for ensuring that your travel arrangements which you book with us are supplied as described on the website or in our brochure. If any part of your travel arrangements are not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness. Our liability in all cases shall be limited to a maximum of twice the costs of your holiday travel arrangements.

We accept responsibility for death, injury or illness caused by the negligent acts and/ or omissions of our employees or agents, our suppliers and subcontractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law. However we will not accept responsibility for any of the following circumstances a) events listed in the Important Note section within Insurance Terms & Conditions, b) if you or any member of your party is at fault, c) if the fault is of someone else not connected with providing the services which make up the holiday which we have confirmed to you, d) any unusual or unexpected circumstances beyond our control which we could not have avoided even if we had used all possible care, e) any event which we or the supplier could not help or prevent. In respect of travel by air, and the provision of accommodation our liability will be limited in the manner provided by the relevant international convention. A copy of the international conventions can be obtained from our office.

Local activities, facilities and excursions
Some facilities, activities and excursions could involve an element of risk. These activities, facilities and excursions are neither run nor controlled by James Villa Holidays. If you wish to participate, purchase or make use of any optional activities, facilities or excursions that are not part of your pre booked holiday, we regret that James Villa Holidays cannot accept liability in relation to these. The contract for the provision of that activity, facility or excursion will be between you and that provider. Usually these locally paid for activities, facilities and excursions will be subject to local law and jurisdiction. The discretion to partake in any such activities, facilities, or excursions is entirely at your own risk. You are responsible for taking sensible precautions for your own safety and for the safety of any children or family members for whom you are responsible. Please liaise with the supplier of the facility, activity or excursion for the Terms and Conditions of your activity, facility or excursion which will govern your contract.

Additional help
If you or one of your party suffers personal injury, illness or death during the holiday through no fault of your own, we will, at our discretion, give you general and / or financial assistance. We may do this even though the damage may not be the result of one of our holiday services. We will only give you this assistance if you request it within 90 days of the event happening. The financial assistance is limited to €7,000 per booking. If your claim is successful or if you are insured for these costs, you must repay any financial assistance we give you as soon as you recover it.

If you have a complaint
If you have cause for complaint whilst on holiday or travelling to your destination, this must be brought to the attention of a James Villa Holidays representative or relevant supplier immediately so that action can be taken at the time to rectify the problem. Should the representative/ local agent/ supplier or villa management company be unable to resolve the matter, details of the complaint must be notified to James Villa Holidays in writing within 28 days of the end of your holiday. Any claims received outside this period or these not reported on holiday cannot be considered as if you do not tell us about your complaint promptly, it may prove difficult to investigate or rectify your complaint.

Complaint arbitration scheme
It is unlikely that you will have a complaint that cannot be settled amicably between us. However disputes to do with this contract which cannot be settled, may (if you wish) be referred to Arbitration under the Arbitration Rules of the Chartered Institute of Arbitrators. If you choose to proceed to Arbitration under this scheme, you must apply directly to the Institute at 31 Mespil Road, Dublin 2, www.arbitration.ie, for the form Request for Appointment of Arbitrator.

Behaviour
At all times during your holiday, you are expected to have consideration for your fellow passengers and other third parties. If in the opinion of ourselves, any airline pilot, accommodation owner or other person in authority, you are or appear to be behaving in such a way as to cause, or to be likely to cause, danger, distress, annoyance or damage to property, either ourselves or the supplier concerned may terminate your holiday arrangements. In this situation, we will have no further liability to you and will not be responsible for meeting any expenses you incur as a result, making any refund or paying any compensation. In addition, you will be responsible for any expenses we incur as a result of your behaviour, such as the cost of diverting the aircraft. Disruption on board an aircraft is a criminal offence, and you may be prosecuted.

Passports, visas and health requirements
We, or the airline, ferry or train operator, will refuse travel if you do not have a valid passport, visa and entry permit. We are not obliged to help you if you are refused travel. Your passport and travel documents must be intact: you may not be able to travel if they are damaged or have been tampered with. Passport, visa and health requirements are subject to change and it is your responsibility to check the up-to-date position in good time before departure. Please see Essential Information under ‘Passport and visa’ for more information.

Data protection policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your arrangements such as airlines, villa management companies/villa owners, transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not, however, pass any information 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 disabilities, or dietary/ religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making your booking, you consent to this information being passed on to the relevant persons). Your data controller is: James Villa Holidays Ltd

Promotional offers
From time to time James Villa Holidays may promote special offers. Offers cannot be used in conjunction with another offer running at the same time.