Date: 11 December 2020
Please read these booking conditions carefully as they, together with the specific information about your confirmed accommodation, form the basis of your contract with James Villa Holidays
We reserve the right to alter any of our advertised accommodation prices. You will be advised of the current price of the accommodation that you wish to book before your contract is confirmed.
3. MAKING A BOOKING AND PAYMENT:
When you have chosen your accommodation and you make a request to us to book it, you must pay a non-refundable deposit of 20% of the full cost of the booking. In some cases, the accommodation provider may require a higher deposit. In these instances, you will be informed of this at the time of booking. If booking within 10 weeks of departure, you must pay the full cost of your booking when you book. When you pay for your accommodation by credit or debit card, no surcharge is payable except in the following circumstances:
Where either you or your payment service provider is located outside the European Economic Area (EEA);
Where you pay for your booking using a commercial debit or credit card. In these circumstances, we reserve the right to levy a 2.0% handling charge for each payment made by these means.
Travel documents will not be issued until your booking has been paid for in full.
Your booking is confirmed and a contract between us exists when we issue our confirmation invoice/email to you. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion.
Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. If you have paid a deposit, the balance of the cost of your accommodation is due 10 weeks before departure. If it is not received in time we will cancel your booking and retain your deposit. The cost of your accommodation does not include any extra chargeable services that you may use whilst at the accommodation. These are payable direct to the accommodation provider.
4. YOUR RESPONSIBILITY FOR YOUR BOOKING:
By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-
He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
He/she consents to our use of information in accordance with our Privacy Notice;
He/she is over 18 years of age and where placing an order for services with age restrictions, declares that he/she and all members of the party are of the appropriate age to purchase those services;
He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
He/she notifies us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed.
It is your responsibility to ensure that you are adequately insured. We strongly recommend that you take out insurance, which should include cover against the cost of cancellation by you and assistance (including repatriation) in the event of accident or illness.
6. YOUR ACCOMMODATION:
This is reserved exclusively for the people named on your confirmation/invoice and no other persons are permitted to stay at the accommodation nor can you arrange for visitors to the property for the purpose of events like parties, celebrations or other large gatherings unless this has been agreed with us in writing and appropriate payments made (if applicable). Additional guests will be asked to vacate by us, accommodation supplier or other person in authority. You and all members of your party also agree not to use the property for any illegal or commercial purpose, including subletting it or otherwise allowing anyone to stay in it who we have not previously accepted on your confirmation/invoice. On departure you should leave the accommodation in a reasonably clean and tidy condition so that it can be prepared for the next customers. 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 UK or ROI. Please note that certain group bookings may only be accepted at selected villas.
7. IF YOU WANT TO CHANGE YOUR BOOKING:
If you wish to change your arrangements in any way after it has been confirmed, (for example your chosen departure date or accommodation) we will do our upmost to make these changes but it may not always be possible. Any request for changes to be made must be in writing or email from the person who made the booking. Where we can meet a request, all changes will be subject to payment of an administration fee based on our increased costs as a result of applicable rate changes and any costs or charges incurred or imposed by any of our suppliers. The amount of the fee will be notified to you before you choose to proceed with any change. If you make a number of changes to the same booking, we will only make a reasonable overall charge. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. Any changes you make within 10 weeks of your departure will be treated as a cancellation and the cancellation charges shown in the Clause 8 may apply.
8. IF YOU WANT TO CANCEL YOUR BOOKING:
Once your booking has been confirmed, to cancel the booking, the person making the booking must write to our Customer Support department. Our contact details are stated on your confirmation/invoice or you can email email@example.com. Cancellation takes effect on the date we receive your letter/email. 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 accommodation at the original price. Our cancellation charges therefore increase as the departure date approaches, and you must pay us the sums up to the maximum shown below. The cancellation charge detailed below is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling.
If you have to cancel for a reason covered by your insurance policy, you may be able to recover the cancellation charges. Claims must be made directly to the insurance company concerned. No refunds will be given for passengers not travelling or for unused services.
For all destinations and accommodation types, the following cancellation charges apply:
Date on which written notice of cancellation is received by us:
- More than 10 weeks (70+ days) prior to departure, loss of deposit, insurance premiums and amendment charges (if applicable).
- 69 - 43 days prior to departure, 50% of the cost of your booking or loss of deposit whichever is greater.
- 42 - 22 days prior to departure, 70% of the cost of your booking.
- 21 - 0 days prior to departure, 100% of the cost of your booking.
The cancellation charges above have been calculated as a genuine pre-estimate of the losses we would incur in the event you cancelled your booking within the stipulated time period.
9. VILLAS WITH FREE CANCELLATION:
For some villa bookings, if the conditions set out below are satisfied, you will be able to cancel your booking either at least 28 days or at least 69 days prior to the departure date without incurring any cancellation charges and you will receive a refund of the amount you have paid for your booking. The conditions that need to be satisfied in order for you to benefit from the free cancellations terms are as follows:
- The villa information page must have referred to the free cancellation terms at the time of your booking;
- The booking must be for a minimum of 2 nights;
- The booking must take place between 1 April 2021 and 31 December 2021;
- The booking must be for accommodation only.
If you cancel your booking less than 28 days or less than 69 days before departure date respectively, you will not be able to benefit from the free cancellation terms and the cancellation charges set out in clause 8 will apply instead.
10. IF WE CHANGE OR CANCEL YOUR BOOKING:
It is unlikely that we will have to make any changes to your confirmed arrangements or cancel them, however we do start planning arrangements many months in advance. Occasionally, we may have to make changes and correct errors on the website and other details both before and after bookings have been confirmed. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Changes: 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. You will have the choice of accepting the change of accommodation, or you can take any alternative accommodation we are able to offer you (you will pay the increase in cost if the replacement is advertised at a higher price than your original booking, or receive a refund of the difference if it is less expensive), or a refund of the money you’ve paid to us. In some cases, we will also pay compensation (see below). These options don’t apply for minor changes. Examples of minor changes include, but are not limited to, change of accommodation to another of the same or higher standard, temporary withdrawal of facilities or seasonal unavailability of amenities.
Cancellation: We will not cancel your travel arrangements less than 10 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken. If your booking is cancelled you can either have a refund of all monies paid or accept an offer of alternative accommodation of comparable standard and facilities from us, if available (we will refund any price difference if the alternative is of a lower value). Any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us. In some cases we will pay compensation (see below).
For both changes and cancellations, you must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again within the time period stipulated within our notice, we reserve the right to assume you accept the changed or alternative arrangements.
Compensation: If we cancel or make a major change we will pay compensation as detailed below except where the major change or cancellation arises due to reasons of force majeure.
- If, where we make a significant change, you do not accept the changed arrangements and cancel your booking;
- If we cancel your booking and no alternative arrangements are available.
Period before departure that a significant change is notified to you:
- 70 or more days prior to departure £0 per person
- 69 – 43 days prior to departure £10 per person
- 42 – 29 days prior to departure £20 per person
- 28 – 15 days prior to departure £30 per person
- 14 – 0 days prior to departure £40 per person
Compensation will not, however, be payable and no liability, beyond offering the above mentioned choices, can be accepted where:
- We are forced to make a change or cancel as a result force majeure (see clause 11)
- We have notified you at least 10 weeks before departure; or
- We cancel as a result of your failure to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time); or
- We make a minor change; or
- Where the change or cancellation by us arises out of alterations to the confirmed booking requested by you; or
- Where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
11. FORCE MAJEURE:
We will not pay you compensation if we have to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control. These can include, for example, war, riot, industrial dispute, terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport. No compensation, costs, expenses or any other sums, including the cost of securing alternative accommodation will be paid by us.
12. OUR RESPONSIBILITY FOR YOUR BOOKING:
We have a duty to select the accommodation providers with reasonable skill and care. We have no liability to you for the actual provision of the accommodation, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the provider with reasonable care and skill, we will have no liability to you for anything that happens at the accommodation or any acts or omissions of the provider or others. We also have no liability in the following situations:
- where the accommodation cannot be provided as booked due to circumstances beyond our control (see the note in clause 11)
- 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.
- where you incur any loss or damage that relates to any business activity.
- where any loss or damage relates to any services which do not form part of our contract with you.
If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of three times the cost of your accommodation. This limit does not apply to cases involving death or injury.
13. COVID-19: LIMITATION OF LIABILITY:
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 on holiday.
Please note that we will have no liability for any refunds, compensation, costs, expenses or other losses of any kind incurred by you (including, where applicable, the cost of medical treatment), in the following circumstances:
- If you, or anyone in your booking party, test positive for Covid-19 and have to quarantine for a period of time, or are notified or otherwise become aware that you have, or suspect you may have, come into close contact with someone who has tested positive for Covid-19 (or where they otherwise suspect they may have Covid-19) and have to self-isolate for a period of time. If this happens within 14 days of your departure date, you must contact us as you may no longer be able to travel. We will offer you the following options where possible and subject to availability:
- Postponing your holiday to a later date. We will notify you of any impact on the price the postponement may have (please note that you may have to pay full cancellation charges on some elements of your holiday, as well any increase in cost imposed by other suppliers);
- Cancelling your holiday, in which case we will impose our standard cancellation charges as at the date of cancellation by you. You may be able to claim these costs back from your travel insurance.
- If this happens whilst you are on your holiday, please notify us without delay and we will provide such reasonable assistance as we can in the circumstances. However, we will not be responsible for covering the cost of any curtailment of your holiday, missed transport arrangements, additional accommodation required, or other associated costs incurred by you. You must ensure you have travel insurance which covers these costs for you.
- You fail any tests, checks or other measures imposed by a supplier, airline, port or airport, border control authority or other government body or local authority or fail to submit for testing or assessment when requested to do so, and as such you are denied entry to board the flight, entry to the destination, access to the services or you are otherwise unable to proceed with the holiday, or that portion of the holiday.
You also acknowledge that the suppliers providing your holiday, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This will likely include specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of the holiday and all measures will be taken with the purpose of securing your safety and those around you.
14. DAMAGE TO PROPERTY AND ACCIDENTAL DAMAGE WAIVER OR DEPOSIT:
Bookings are subject to a non-refundable Accidental Damage Waiver, which is applied to your confirmation/invoice, unless a refundable Accidental Damage Deposit is payable locally, in which case you will be informed at the time of booking of the amount.
If you or any member of your party cause any damage to your accommodation or any item in it or on its premises, you and/or your party will be required to pay for the loss and/or damage caused and we will hold you and each member of your party jointly and individually responsible. Unless the damage was caused accidentally and results in losses below £100, full payment for any such damage or losses must be paid directly to the accommodation owner or other supplier prior to departure from the accommodation or an invoice in respect of it will be sent to you on your return to the UK or ROI. Where a refundable Accidental Damage Deposit has been paid, this deposit will be retained by us or local supplier in part payment of the losses you cause. (See also clause 15).
When you book accommodation through us, you accept responsibility for the proper conduct of all members of your party during your stay. We reserve the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation provider, a person in authority or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated. Subject to clause 14, you and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the accommodation owner or other supplier prior to departure from the accommodation. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us as a result of your actions together with all costs we incur in pursuing any claim against you. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us
16. CHECK-IN AND CHECK-OUT:
The official time for entry into your accommodation is 16:00 local time. The cleaners have sole access to the accommodation until this time to prepare for your arrival therefore, entry to the accommodation prior to this time will not be permitted. Check out time for all accommodation is 10:00 local time. Unfortunately, it is not possible to arrange for late-check outs.
If you have a problem during your stay, please inform the accommodation provider and our Holiday Helpline immediately, who will endeavour to put things right. Contact details are provided on your travel documents. You should also try to find a solution whilst you're there. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us or by emailing Customer Support team at firstname.lastname@example.org giving your booking reference and all other relevant information. Please keep your letter / email concise and to the point. This will assist us to identify your concerns quickly and speed up our response to you. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please bear in mind that we are only liable to compensate you in line with these booking conditions - in particular clause 12 above makes clear that our obligation is to choose the accommodation provider with reasonable skill and care. Any dispute or claim arising out of this contract that can't be settled between us can be referred by you to ABTA’s dispute resolution (see clause 19) or court. We agree that the courts of England and Wales have jurisdiction and English law applies (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable.)
18. FINANCIAL PROTECTION:
The monies you pay to us for your accommodation are protected by means of a bond held by ABTA. This means that, if in the unlikely event of our insolvency your accommodation can't be provided, you will receive your money back or, if your stay has started, arrangements will be made for you to be able to continue as planned.
We are a Member of ABTA, membership number W3940. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com.
ROI Customers only: 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 will find details at www.ciarb.ie.
You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
20. SYSTEM ERRORS:
In rare cases errors may occur when inputting prices into our reservations system(s) or website(s). We regret that any contract entered into on the basis of an inputting/systems error or erroneous price will be void. In the unlikely event that such a situation arises you will be given the option to either pay the correct price or cancel with a full refund.
21. USE OF INFORMATION YOU GIVE US:
Please see our Privacy Notice which explains how we will process your personal data.