1. Your Contract is with James Villa Holidays Ltd
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 is over 21 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.
2. Your holiday contract
A binding contract is made with us on the earliest of either: a) you tell us that you would like to accept our written or verbal quotation and you pay us a deposit (see clause 4) or if you are booking within 12 weeks of departure or choose to do so at the time of booking, you make full payment of the cost of your holiday; or b) we issue you with a booking confirmation that will confirm the details of your booking and will be sent to you via email or post.
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland, The Republic of Ireland or Northern Ireland if you live in those places and if you wish to do so.
3. Your financial protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the package holidays booked from this brochure and from our website for your repatriation in the event of our insolvency. We provide this security, for packages involving flights, by way of the Civil Aviation Authority under ATOL number 2730. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong. We will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where we aren’t 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 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 at atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. Please ask us to confirm what protection may apply to your booking.
We are also a member of the Association of British Travel Agents (ABTA number W3940). If your holiday does not include flights, ABTA will financially protect the monies you have paid to us in respect of your holiday. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct.
4. Paying for your holiday
At the time of booking, you will be required to pay a deposit between £125 and £300 per person dependent on which flight supplier and destination you choose (excluding infants under 2 years on the date of their return flight), together with all applicable insurance premiums if applicable. When a booking includes 'Low Cost' or scheduled airline flights, a deposit covering the full cost of these flights, together with all applicable insurance premiums if applicable. If the booking is for accommodation only, the deposit will be 25% of the price of the accommodation with the exceptions of; France where you pay a deposit of 30% of the price of the accommodation; Luxury properties where you pay a deposit of up to 50% of the accommodation, together with all applicable insurance premiums.
The balance of your holiday price (including any surcharge) must be paid no less than twelve weeks before departure. Cheques can only be accepted if received more than thirteen weeks before departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 13 will become payable.
When you pay for your holiday by credit/charge card, we reserve the right to levy a 2.0% handling charge for each payment made by these means (no charge for Maestro/Delta transactions). We also reserve the right to charge a 2% surcharge for any payments taken on a non-UK registered card. Tickets will not be issued until your holiday has been paid for in full.
We endeavour to ensure that all the information and prices both on our website and in our brochures are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.
6. Your holiday price
All prices include VAT on holidays to EU countries.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.
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 your holiday has been confirmed, the price of your travel arrangements is subject to upward and downward changes arising as a result of changes in: (i) transportation costs (e.g. fuel, scheduled airfares or any other airline cost changes which are part of our contracts with airlines (and their agents), and any other transport provider), (ii) dues, taxes or fees chargeable for services (e.g. landing taxes and embarkation/disembarkation fees); and (iii) the exchange rates applied to your particular holiday.
We will absorb and you will not be charged for any increase equivalent to 2% of the price of your holiday, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that.
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 (excluding any amendment charges and/or additional services or travel arrangements), you will have the options set out in clause 14. 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 by reason of a change in price, you must exercise your right to do so within 14 days from the issue date printed on your confirmation invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, 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.
7. Damage to property and Accidental Breakage Charge or Deposit
All bookings are subject to a non refundable Accidental Breakage Charge, which is applied to your holiday invoice, unless a refundable Accidental Breakage 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 holiday 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 28)
8. Tickets on departure
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.
Please check your confirmation invoice, tickets, final itinerary and all other documents you receive from us, immediately on receipt. You must contact us as soon as possible if any information appears to be incorrect as it may not be possible to make changes later and it may harm your rights if we are not notified of any inaccuracies in any document within a reasonable period of time (taking into account the date of your departure).
10. If you change your booking
If, you wish to change your travel arrangements in any way once a binding contract is in place between us (see clause 2), (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. 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 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 even to individual components.
11. Changes and cancellations to flights
Most airlines treat name changes as cancellations so if you make changes after your flight has been booked, you will have to pay for the cancelled ticket and buy a new ticket at full cost. The rest of your booking will be subject to our normal cancellation charges as detailed above.
12. Transfer of bookings
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else (introduced by you and satisfying all the conditions applicable to the holiday booked) providing we are notified not less than 14 days before departure and you pay an amendment fee notified to you at the time your request the transfer, meet all costs and charges incurred by us and/or incurred or imposed by any of our suppliers and the transferee agrees to these booking conditions and all other terms of the contract between us. Please note: charges amounting to the full cost of the transferred flight and a replacement flight will be imposed in the event of any transfer (see clause 11).
13. If you cancel your holiday
Once your holiday has been confirmed, to cancel the entire holiday or any component, the person making the booking must either; write or email our Sales Operations department. Our contact details are stated on your booking confirmation or email firstname.lastname@example.org. 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 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 is calculated on the basis of the total cost payable by the person(s) cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling). Also note the ‘Exception’ section which may apply in addition to the scale of charges. 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. 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 and other holiday components.
For all destinations and accommodation types, except France and Luxury, the following cancellation charges apply:
- Date on which written notice of cancellation is received by us:-
- More than 12 weeks prior to departure - loss of deposit and insurance premiums and amendment charges (if applicable)
- 84 - 64 days prior to departure 40% of the cost of your holiday or loss of deposit whichever is greater.
- 63 - 43 days prior to departure 50% of the cost of your holiday or loss of deposit whichever is greater.
- 42 - 22 days prior to departure 70% of the cost of your holiday.
- 21 - 0 days prior to departure 100% of the cost of your holiday
For France and Luxury accommodation, the following cancellation charges apply:
- Date on which written notice of cancellation is received by us:-
- More than 12 weeks prior to departure - loss of deposit and insurance premiums and amendments charges (if applicable)
- 84 - 64 days prior to departure 40% of the cost of your holiday or loss of deposit whichever is greater.
- 63 - 0 days prior to departure 100% of the cost of your holiday
Cancellation of certain transport arrangements, typically low cost airlines, scheduled airlines or airport parking, can result in up to 100% cancellation charges regardless of the notice period given to us. We reserve the right to pass on these charges which will apply to the transport element of your holiday and the cancellation charges in the scale above will apply to the other elements of your holiday (e.g. accommodation, car hire, etc). Similarly, name changes (including initial changes), destination and date changes can be treated by such suppliers as a cancellation and rebooking, regardless of the period of notice given to us. If the supplier treats the change as a cancellation and rebooking we will pass on to you the cost imposed by the supplier, which could be up to 100% of that element of your booking.
No refunds will be given for passengers not travelling or for unused services.
14. If we change or cancel your holiday
It is unlikely that we will have to make any changes to your confirmed travel arrangements or cancel them, 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" (see below) 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) accepting an offer of an alternative holiday of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value); or c) cancel your booking completely, in which case we will refund you all monies paid by you. If we make a significant change or cancel less than 12 weeks before departure, we will also pay compensation as detailed below, except to infants:
Period before departure that a significant change is notified to you:-
- More than 84 days prior to departure £0 per person
- 84 – 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
In the event that compensation is due, 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; a change of outward departure time or overall length of your arrangements of twelve or more hours; change of resort or area for the whole or a significant part of your time away; change of accommodation to that of a lower official category for the whole or a significant part of your time away. Please note not all accommodation changes constitute a "significant change".
The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where we make a major change or cancel more than 12 weeks before departure or in the event that we are forced to make a change or cancel as a result of force majeure (see clause 15).
The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation.
We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
Very rarely, we may be forced by force majeure (see clause 15) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation.
15. Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
16. Your holiday travel
The flights shown in our brochures and on our website 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 amount to 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/e-ticket. 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. Infants under 2 years are able to sit on the adult’s lap for a nominal fee but a seat must be booked at normal rates for children over 2 years. In order to qualify for infant status, a child must be under 2 years of age on the date of their return flight. 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. 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. Please note the existence of a “Community list” (available for inspection at ec.europa.eu) detailing air carriers that are subject to an operating ban with the EU Community.
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the CAA - details can be found on their website caa.co.uk. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment.
Our brochures and website are our responsibility, as your tour operator. They are not issued on behalf of, and do not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
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.
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.
The Package Travel, Package Holidays and Package Tours Regulations 1992 provide that in the event that you experience difficulty on the occurrence of circumstances described in clauses 22 (2) (b) (c) or (d) of these booking conditions, we will provide you with prompt assistance. Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them.
Subject to the other terms of these conditions, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 15 of these booking conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
18. 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 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 resort staff, 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 holiday invoice. 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 UK or ROI. Please note that certain group bookings may only be accepted at selected villas.
19. 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 at the time of booking. We will do our best to comply but cannot guarantee to do so and we recommend that you repeat your request to the airline or relevant supplier at the appropriate time.
We regret that we are unable to advise prior to departure if special requests cannot be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed. We do not accept bookings that are conditional upon any special request being met.
20. Disabilities and Medical Problems
We will take reasonable steps to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
21. 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. (We will give you the option to remove them if you provide us with alternative details within 14 days of the date that your booking is confirmed. If you do not let us know within that period, you will be liable to pay the premium for the insurance). We are an Appointed Representative for Holiday Extras Ltd. 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. If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
22. Our liability to you
- We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.
- We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-
- (a) the act(s) and/or omission(s) of the person(s) affected;
- (b) the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
- (c) unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or
- (d) an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled.
- We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- (a) loss of and/or damage to any luggage or personal possessions and money. The maximum amount we will have to pay you in respect of these claims is an amount equal to the applicable excess in your travel insurance policy in total because you are assumed to have adequate insurance in place to cover any losses of this kind.
- (b) Claims not falling under (a) above and which don’t involve injury, illness or death. The maximum amount we will have to pay you in respect of these claims is twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking.
- (c) Claims in respect of international travel by air, sea and rail.
- i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); and The Berne/Cotif Convention (with respect to rail travel). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company’s own ‘Conditions of Carriage’ will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those ‘Conditions of Carriage’. You acknowledge that all of the terms and conditions contained in those ‘Conditions of Carriage’ form part of your contract with us, as well as with the transport company and that those ‘Conditions of Carriage’ shall be deemed to be included by reference into this contract.
- ii) In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
- iii) 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.
- It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
- Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.
- Please note, we cannot accept any liability for 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 our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or (b) any business losses.
- We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which any other supplier agrees to provide for you.
23. 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 which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier concerned.
24. 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.
25. Additional help
If you or one of your party suffers personal injury, illness or death during the holiday through no fault of ours or 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 £5,000 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.
26. 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 and 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. Failure to do so will affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
27. Complaint arbitration scheme
In connection with our membership of ABTA, we can offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. Further information on the Code and arbitration can be found at abta.com/consumer-services.
The arbitration scheme is arranged by ABTA and administered independently by the Centre for Effective Dispute Resolution (CEDR Solve). It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. Full details will be provided on request or can be obtained from the ABTA website.
The Scheme does not apply to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The Scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element.
The application for arbitration and Statement of Claim must be received by the CEDR Solve within 18 months of the date of return from the holiday. Outside this limit arbitration under the Scheme may still be available if the company agrees, but the ABTA Code does not require such agreement.
For injury and illness claims, you may like to use the ABTA / CEDR Solve Mediation Procedure. This is a voluntary scheme and requires us to agree for mediation to go ahead. The aim is to help you resolve your dispute in a quick and cost effective way. Details can be provided on request or from abta.com.
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 third parties or property or to cause a delay or diversion to transportation, 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. Subject to clause 7, 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. Disruption on board an aircraft is a criminal offence, and you may be prosecuted.
29. 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. 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. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. 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 passport, visa, immigration requirements or health formalities. Please see Essential Information under ‘Passport and visa’ for more general information about the passport and visa requirements for your particular holiday.
30. Use of information you give us and communicating with you