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| Holiday bookings are made with the Villa Collection, which
is a trading name of The Villa Collection Ltd. Please note that the lead person
making the booking, and acting on behalf of all of the other parties listed on
the booking, must be over 18 years of age. Please note that all Villa
Collection air inclusive holidays are protected by ATOL, and full details of
ATOL protection can be obtained by contacting us at our registered address. |
1) How To Book
Once you have contacted us to make a booking, we will check the
availability of your holiday, and agree the details of your booking with you.
Subject to receipt of all applicable payments (see below) we
will then confirm your holiday by sending you a “confirmation invoice. This
should be checked carefully and any inaccuracies should be brought to our
attention as soon as possible. A binding contract between us comes into
existence when we despatch our confirmation invoice to the party leader.
English Law will apply to your contract and to any dispute which arises between
us (except as set out below). Any dispute which arises between us must be dealt
with by the Courts of England and Wales only unless, in the case of Court
proceedings, you live in Scotland or Northern Ireland . In this case,
proceedings must either be brought in the Courts of your home country or those
of England and Wales . If proceedings are brought in Scotland or Northern
Ireland , you may choose to have your contract and any dispute which arises
between us governed by the law of Scotland/Northern Ireland as applicable (but
if you do not so choose, English law will apply).
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2. Paying For Your Holiday
a. At the time of booking, you must make the payments set out
below:
i. 25% of the total cost of the holiday arrangements you have
booked with us (or full payment if booking with 8 weeks of the date on which
your arrangements with us are due to commence).
• The total cost of your holiday insurance, if you are
taking out travel insurance with us. Please note that it is your responsibility
to ensure you are adequately covered by travel insurance when booking a holiday
with us.
iii. Our standard villa damage insurance premium. Please note
that all villa bookings incur a non-refundable premium of £ 3 per person to
cover minor accidental damage to the property and its contents of up to £100 of
accidental damage per person. If you do not wish to pay this non-refundable
premium, you must pay a damage deposit of £300 per villa the week prior to the
date on which your arrangements with us are due to commence. This depo sit will
be refunded within four weeks of your return from holiday, providing no damage
has occurred. If you or any member of your party is responsible for any damage
to your villa, the cost of such damage shall be deducted from this deposit.
Regardless of whether you have purchased the villa damage insurance or given us
a deposit of £300, if the cost of any damage caused by you or any member of
your party is greater than the damage deposit of £300 or the insurance cover
(as applicable), you shall be responsible for paying the excess.
NB. Damage caused by wilful or negligent behaviour is not
covered at all by the villa damage insurance .
b. Balances
he full balance of your holiday must be paid not less than 8
weeks before the date on which your arrangements with us are due to commence.
This date will be shown on the confirmation invoice. If you do not make all
payments in full and on time (including any surcharge where applicable), we
reserve the right to cancel your booking, and apply our standard cancellation
charges (see point 5). If you book a holiday within 8 weeks of departure, then
the full holiday cost must be paid at the time of booking. Please note that if
you pay for your holiday with a credit card or charge-card, a 1.7% handling
charge (3.35% American Express) will be applied to each transaction made.
Switch/delta/maestro cards do not incur a handling charge.
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3. Holiday Prices
Once the price of your chosen holiday has been confirmed at the
time of booking, we will only increase or decrease it in the following
circumstances. Price increases or decreases after booking will be passed on by
way of a surcharge or refund. A surcharge or refund (as applicable) will be
payable, subject to the conditions set out in this clause, if our costs
increase or decrease as a result of transportation costs or dues, taxes or fees
payable for services such as landing taxes or embarkation or disembarkation
fees at ports or airports increasing or decreasing or our costs increase or
decrease as a result of any changes in the exchange rates which have been used
to calculate the cost of your holiday.
Even in the above cases, only if the amount of the increase in
our costs exceeds 2% of the total cost of your holiday (excluding insurance
premiums and any amendment charges), will we levy a surcharge. If any surcharge
is greater than 10% of the cost of your holiday (excluding insurance premiums
and any amendment charges), you will be entitled to cancel your booking and
receive a full refund of all monies you have paid to us (except for any
amendment charges) or alternatively purchase another holiday from us as
referred to in clause 6. A refund will only be payable if the decrease in our
costs exceeds 2% as set out above. Where a refund is due, we will pay you the
full amount of the decrease in our costs.
You have 14 days from the issue date printed on the surcharge
invoice to tell us if you want to cancel or purchase another holiday. If you do
not tell us that you wish to do so within this period of time, we are entitled
to assume that you will pay the surcharge. Any surcharge must be paid with the
balance of the cost of the holiday or within 14 days of the issue date printed
on the surcharge invoice, whichever is the later . We promise not to levy a
surcharge within 30 days of the start of your holiday.
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4. If You Change Your
Booking
If you wish to change your booking, please contact us as soon as
possible, and we will do our best to help where possible although changes
cannot be guaranteed. Please note that all changes must be confirmed in
writing. Where the change is possible, an amendment fee of £10 per booking will
be payable together with any costs incurred by ourselves and any costs or
charges incurred or imposed by any of our suppliers.
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5. If You Cancel Your
Holiday
If you decide to cancel your holiday, you must let us know in
writing as soon as possible. Your notice of cancellation will only be effective
when it is received in writing by us at our offices. Our standard cancellation
charges will apply. Where the cancellation charge is shown as a percentage,
this is calculated on the basis of the total cost payable by the person(s)
cancelling excluding insurance premiums and amendment charges. Insurance
premiums and amendment charges are not refundable in the event of the person(s)
to whom they apply cancelling.
Period before the date when your arrangements with us are due to
commence.
Cancellation charges if your cancellation notified to us
| more than 56 |
days
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Loss of deposit
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| 55-43 |
days
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50% |
| 42-29 |
days
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65% |
| 28-15 |
days
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90% |
| 14 or less |
days |
100% |
Depending on the reason for cancellation, you may be able to
reclaim these cancellation charges (less any applicable excess) under the terms
of your insurance policy. Claims must be made directly to the insurance company
concerned.
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6. If We Change or Cancel
Your Holiday
If we have to make a major change to your holiday, or cancel
your holiday prior to the date on which you arrangements with us are due to
commence, we will contact you as soon as possible. A major change is classed as
:
a) a change of departure airport (NB only applicable if your
arrangements booked with us include flights).
b) a change of holiday resort
c) a change of flight departure time by more than 12 hours on an
individual flight (NB only applicable if your arrangements booked with us
include flights).
d) a change of holiday accommodation to a lesser standard.
If we have to make a major change or cancel, we will if there is
time to do so offer you the choice of:
a) (for major changes) accepting the changed arrangements
b) purchasing another holiday from us
c) cancelling your holiday and receiving a full refund of all
monies paid to us.
In the event of us making a major change to or cancelling your
holiday, we will also pay you compensation as shown on the scale below
depending on the circumstances and when the major change or cancellation is
notified to you subject to the following exceptions. Compensation will not 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 of unusual
and unforeseeable circumstances beyond our control, the consequences of which
we could not have avoided even with all due care. No compensation will be
payable and the above options will not be available if 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 if the change made is a
minor one .
Period before the date when your arrangements with us are due to
commence.
Compensation per adult if we notify you of a major change or cancellation
| 0-14 |
days
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£50 |
| 15-28 |
days
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£40 |
| 29-42 |
days
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£30 |
| 43-55 |
days
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£20 |
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56+ |
days |
Nil |
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7. Force Majeure
Except where otherwise expressly stated in these booking
conditions, we regret we cannot accept liability or pay any compensation where
the performance or prompt performance of our obligations under our contract
with you is prevented or affected by or you otherwise suffer any damage or loss
(as more fully described in clause 10(i) below) as a result of "force majeure".
In these Booking Conditions, "force majeure" means any event which we or the
supplier of the service(s) in question could not, even with all due care,
foresee or avoid. Such events may include war or threat of war, riot, civil
strife, actual or threatened terrorist activity, industrial dispute, natural or
nuclear disaster, adverse weather conditions, fire and all similar events
outside our control.
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8. Holiday Behaviour
Throughout your holiday, we would ask you to consider the
comfort and enjoyment of other passengers and third parties. Any damage or
disruption caused by anti-social behaviour is regarded to be the responsibility
of the person concerned and The Villa Collection accepts no responsibility for
any such acts. Should any disruption or damage occur, any costs involved in
redressing the damage must be the responsibility of the person(s) causing the
disruption. We also have the right to terminate the person(s) holiday
arrangements, and we will not be responsible for providing any alternative
arrangements, or compensation in any form, including any refunds.
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9. Holiday Complaints
If you are dissatisfied with your holiday in any way, please
contact our local agent in resort, or our UK office and we will attempt to
resolve the problem. If we are unable to resolve the matter in resort, details
of the complaint must be communicated to The Villa Collection's UK office
within 28 days of your return from holiday.
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10. Our Liability
i. We promise to make sure that the holiday arrangements we have
agreed to make, perform or provide as applicable as part of our contract with
you are made, performed or provided with reasonable skill and care. This means
that, subject to these booking conditions, we will accept responsibility if,
for example, you suffer death or personal injury or your contracted holiday
arrangements are not provided as promised or prove deficient as a result of the
failure of ourselves, our employees, agents or suppliers to use reasonable
skill and care in making, performing or providing, as applicable, your
contracted holiday arrangements. Please note it is your responsibility to show
that reasonable skill and care has not been used if you wish to make a claim
against us. In addition, we will only be responsible for what our employees,
agents and suppliers do or do not do if they were at the time acting within the
course of their employment (for employees) or carrying out work we had asked
them to do (for agents and suppliers).
ii. We will not be responsible for any injury, illness, death,
loss (for example loss of enjoyment), damage, expense, cost or other sum or
claim of any description whatsoever which results from any of the following: -
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the act(s) and/or omission(s) of the person(s) affected or any member(s) of
their party or
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the act(s) and/or omission(s) of a third party not connected with the provision
of your holiday and which were unforeseeable or unavoidable or
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'force majeure' as defined in clause 7 above
iii. Please note, we cannot accept responsibility for any
services which do not form part of our contract. This includes, for example,
any additional services or facilities which your villa owner or any other
supplier agrees to provide for you where the services or facilities are not
advertised in our brochure and we have not agreed to arrange them and any
excursion you purchase in resort. In addition, regardless of any wording used
by us on our website, in any of our brochures or elsewhere, we only promise to
use reasonable skill and care as set out above and we do not have any greater
or different liability to you.
iv. The promises we make to you about the services we have
agreed to provide or arrange as part of our contract - and the laws and
regulations of the country in which your claim or complaint occurred - will be
used as the basis for deciding whether the services in question had been
properly provided. If the particular services which gave rise to the claim or
complaint complied with local laws and regulations applicable to those services
at the time, the services will be treated as having been properly provided.
This will be the case even if the services did not comply with the laws and
regulations of the UK which would have applied had those services been provided
in the UK . The exception to this is where the claim or complaint concerns the
absence of a safety feature which might lead a reasonable holiday maker to
refuse to take the holiday in question.
v. As set out in these booking conditions we
limit the maximum amount we may have to pay you for any claims you may make
against us.
Where we are found liable for loss of and/or damage to any
luggage or personal possessions (including money), the maximum amount we will
have to pay you is £250 per person affected unless a lower limitation applies
to your claim under this clause or clause 10(vi) below.
For all other claims which do not involve death or personal
injury, if we are found liable to you on any basis the maximum amount we will
have to pay you is twice the price (excluding insurance premiums and amendment
charges) paid by or on behalf of the person(s) affected in total unless a lower
limitation applies to your claim under clause 10 (vi) below. This maximum
amount will only be payable where everything has gone wrong and you have not
received any benefit at all from your holiday.
vi. Where any claim or part of a claim concerns or is based on
any travel arrangements which form part of your contract with us (including the
process of getting on and/or off the transport concerned) provided by any air,
sea, rail or road carrier or any stay in a hotel, the maximum amount of
compensation we will have to pay you will be limited. The most we will have to
pay you for that claim or that part of a claim if we are found liable to you on
any basis is the most the carrier or hotel keeper concerned would have to pay
under the international convention or regulation which applies to the travel
arrangements or hotel stay in question (e.g. the Warsaw Convention as amended
or unamended and the Montreal Convention for international travel by air and/or
for airlines with an operating licence granted by an EU country, the EC
Regulation on Air Carrier Liability No 889/2002 for national and international
travel by air). Where a carrier or hotel would not be obliged to make any
payment to you under the applicable International Convention or Regulation in
respect of a claim or part of a claim, we similarly are not obliged to make a
payment to you for that claim or part of the claim. When making any payment, we
are entitled to deduct any money which you have received or are entitled to
receive from the transport provider or hotelier for the complaint or claim in
question. Copies of applicable International Conventions and Regulations
available on request.
vii. Please note, we cannot accept any liability for any damage,
loss, expense or other sum(s) of any description (1) which on the basis of the
information given to us by you concerning your booking prior to our accepting
it, we could not have foreseen you would suffer or incur if we breached our
contract with you or (2) which did not result from any breach of contract or
other fault by ourselves or our employees or, where we are responsible for
them, our suppliers. Additionally we cannot accept liability for any business
losses.
viii. You must provide ourselves and our insurers with all
assistance we may reasonably require. You must also tell us and the supplier
concerned about your claim or complaint as set out in clause 9 above. If asked
to do so, you must transfer to us or our insurers any rights you have against
the supplier or whoever else is responsible for your claim or complaint (if the
person concerned is under 18, their parent or guardian must do so). You must
also agree to cooperate fully with us and our insurers if we or our insurers
want to enforce any rights which are transferred.
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11. Flights booked through us.
Please refer to our Holiday Information section for further details.
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12. Conditions of
suppliers
Many of the services which make up your holiday are provided by
independent suppliers. Those suppliers provide these services in accordance
with their own terms and conditions. Some of these terms and conditions may
limit or exclude the supplier's liability to you, usually in accordance with
applicable International Conventions (see clause 10 (6)). Copies of the
relevant parts of these terms and conditions are available on request from
ourselves or the supplier concerned.
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13. Special requests and medical problems
Please refer to our Holiday Information section for further details. |
14. Passports, visas and
health requirements
Please refer to our Holiday Information section for further details.
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15. Financial security
We hold an Air Travel Organiser's Licence issued by the Civil
Aviation Authority (ATOL number 6577 .) This means the flight inclusive
holidays shown in our brochure/ on our website and/or which you book with us
are ATOL protected. In the unlikely event of our insolvency, the CAA will
ensure that you are not left stranded abroad and will arrange to refund any
money you have paid to us for an advance booking. For further information,
visit the ATOL website at
www.atol.org.uk .
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16. Prices and Brochure
Accuracy
Please note, the information and prices shown in this
brochure may have changed by the time you come to book your holiday. Whilst
every effort is made to ensure the accuracy of the brochure and prices at the
time of printing, regrettably errors do occasionally occur. You must therefore
ensure you check all details of your chosen holiday (including the price) with
us at the time of booking.
This brochure is our sole responsibility. It is not issued on
behalf of and does not commit any independent organisation/carriers whose
services are featured in it.
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17. Delay. (NB Only
applicable where the arrangements you have booked with us include a flight to
and from the UK ).
In the unlikely event of a flight delay (charter flights) over
3 hours, in conjunction with the airline we will endeavour to provide
refreshments appropriate to the time of day and length of delay. In the event
of an extended overnight delay, we will endeavour to make arrangements for
accommodation, however this is not guaranteed and will depend on local
circumstances. We cannot accept liability for any delay which is due to any of
the reasons set out in clause 10 (i) of these booking conditions (which
includes the behaviour of any passenger(s) on the flight who,
for example, fails to check in or board on time). In addition, we will not be
liable for any delay unless it has a significant effect on your holiday
arrangements.
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18. Safety
standards
lease note, it is the requirements and standards of the country
in which any services which make up your holiday are provided which apply to
those services and not those of the UK . As a general rule, these requirements
and standards will not be the same as the UK and may sometimes be lower.
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19. Contacting us about your holiday
If you require any information or assistance, please contact our Reservations
Department on:
| telephone: |
01753 853737
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| email: |
info@thevilla-collection.co.uk
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| post: |
Oakhurst House,
St. Leonard 's Hill,
Windsor ,
Berkshire ,
SL4 4AJ.
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