Date: 28 June 2018
1. Your Contract is with James Villa Holidays Ltd
These Booking Conditions, the Essential Information, our Privacy Notice and where your holiday is booked via our website, our website terms and conditions of use, together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with James Villa Holidays Limited ("we" or "us"). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to "you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.
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 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;
- He/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
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 14 weeks of departure or choose to do so at the time of booking, you make full payment of the cost of your holiday; and b) we issue you with a holiday confirmation/invoice that will confirm the details of your booking and will be sent to you via email or post. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion.
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
We provide financial security for package holidays which include flights, by way of our ATOL (Air Travel Organiser's Licence) granted by the Civil Aviation Authority (CAA) of CAA House, 45-59 Kingsway, London, WC2B 6TE. Our ATOL number is 2730.
When you buy a 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, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or 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. ATOL protection extends primarily to customers who book and pay in the United Kingdom.
We provide full insolvency protection for our package holidays which don't include flights and our accommodation-only bookings by way of a bond held by ABTA Limited, of 30 Park Street, London, SE1 9EQ. Our ABTA membership number is W3940. Please visit abta.com for further information.
4. Paying for your holiday
At the time of booking, you will be required to pay a non-refundable deposit, with the value being dependent on what holiday components you book:
- If you're just booking Accommodation only, your deposit is 25% of the price of the accommodation.
- If booking Accommodation and flights, depending on the flights chosen, your deposit will vary between £125 and £250 per person (excluding infants under 2 years on the date of their return flight), or the full cost of the flights plus 25% of the price of the accommodation. We will stipulate the exact deposit amount at the time of booking.
In each of the above instances, you will also need to pay all applicable insurance premiums (if applicable).
If you are booking as part of a promotional low deposit offer, the deposit paid remains non-refundable.
Where you have paid a deposit, the balance of your holiday price (including any applicable surcharge) must be paid no less than fourteen weeks before departure. Cheques can only be accepted if received more than fifteen weeks before departure. If we do not receive your balance payment 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 12 will become payable.
When you pay for your holiday 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 holiday 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 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 you make your booking.
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 before you make your booking.
The price of your confirmed holiday is subject at all times to changes in:
- The price of transportation resulting from the cost of fuel or other power sources;
- The level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of your holiday, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; or
- The exchange rates relevant to your package.
You will be charged for the amount of any increase in accordance with this clause plus an administration charge of £1 per person. However, if this means that you have to pay an increase of more than 8% of the total price of your confirmed holiday (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of:
- Accepting the price increase and paying the requested amount;
- Accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price); or
- Cancelling your confirmed booking and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements which do not form part of your package. 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 your final invoice.
Should the price of your holiday go down due to the changes mentioned above, 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.
There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.
7. Damage to property and Accidental Damage Waiver or Deposit
Bookings are subject to a non-refundable Accidental Damage Waiver, which is applied to your holiday 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 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 26).
Please check your holiday confirmation/invoice, 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).
9. If you change your booking
If you wish to change your travel 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 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 14 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.
10. 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/amendment charges as detailed in these booking conditions.
11. Transfer of bookings
If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
- That person is introduced by you and satisfies all the conditions applicable to the holiday booked;
- We are notified not less than 7 days before departure;
- You pay any outstanding balance payment, an amendment fee of £50 per person transferring, as well as any additional fees, charges and other costs arising from the transfer; 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. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 12 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
12. 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 to or email our Sales Operations department. Our contact details are stated on your holiday confirmation/invoice or email firstname.lastname@example.org. 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 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 below 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, the following cancellation charges apply:
Date on which written notice of cancellation is received by us:-
- More than 14 weeks prior to departure - loss of deposit, insurance premiums and amendment charges (if applicable).
- 98 - 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.
The cancellation charges above have been calculated as a genuine pre-estimate of the losses we would incur in the event you cancelled your holiday within the stipulated time period.
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.
Cancellation by You due to Unavoidable & Extraordinary Circumstances
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of "unavoidable and extraordinary" circumstances occurring at your holiday destination or its immediate vicinity and significantly affecting the performance of the holiday or which significantly affects transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign and Commonwealth Office advises against travel to your destination or its immediate vicinity.
For the purposes of this clause, "unavoidable and extraordinary circumstances" means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
13. 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. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so.
Minor Changes by Us: A minor change is any change which is not a significant change as referred to below.
Significant Changes by Us: A significant change is any change which, taking account of the information you have given us at the time of booking or which we can reasonably be expected to know as a tour operator, we could reasonably expect to have a significant effect on your confirmed holiday. Examples of a significant change are: 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 with reduced facilities for the whole or a significant part of your time away. Please note not all accommodation changes constitute a "significant change".
If we have to make a significant change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of the following options:
- (for significant changes) Accept the changed arrangements; or
- Accepting an offer of an alternative holiday with comparable or higher facilities from us, if available (at no extra cost); or
- If available, accepting an offer of an alternative holiday of a lower standard, with a refund of the price difference between the original holiday and the alternative holiday; or
- Cancel your booking completely, in which case we will refund you all monies paid by you.
Please note the above options are not available where any change made is a minor one. 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. In addition to a full refund of all monies paid by you, we will pay you compensation as detailed below (except to infants), in the following circumstances:
- 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:-
- More than 98 days prior to departure £0 per person
- 98 – 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 of Unavoidable & Extraordinary Circumstances (as defined in clause 12); or
- We have to cancel because the minimum number of client bookings required to run your holiday has not been reached and we have notified you at least 14 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
- We make a significant change or cancel your arrangements more than 14 weeks before departure; 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.
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.
Very rarely, we may be forced by force majeure (see clause 14) 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, where possible, make alternative arrangements for you at no extra charge and, where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
14. 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. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned's control.
Brexit Implications: please note that certain travel arrangements may be affected as a result of the United Kingdom's decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports and changes to the visa requirements of British citizens travelling to, within or through the EU. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as a force majeure event, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
15. 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 holiday confirmation/invoice 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 on-board 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 www.ec.europa.eu) detailing air carriers that are subject to an operating ban with the EU Community.
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.
16. Delays & Assistance
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
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 at caa.co.uk/passengers. 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. 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. 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.
The Package Travel and Linked Travel Arrangements Regulations 2018 provide that in the event that you experience difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, 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. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party's negligence.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 14 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.
17. Your accommodation
This is reserved exclusively for the people named on your holiday 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 confirmation/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.
18. 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 holiday 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.
19. Disabilities and Medical Requirements
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical or disability requirements which may affect your stay, please provide us with full details before you make your booking so that we can 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 unfortunately not be able to confirm your booking. Please note that if you did not give us full details of any special requirements at the time of booking and we are not able to reasonably accommodate those special needs, we reserve the right to cancel your booking and impose applicable cancellation charges when we become aware of these details.
20. Holiday insurance
Having adequate travel insurance in place from time of booking is essential. As an Appointed Representative for Holiday Extras Ltd we offer a competitive insurance product which you may be eligible to book with ourselves. 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 are able to offer you the option to add our insurance product to your booking, and then later remove it free of charge within our 14-day cooling off period from the date that your insurance is confirmed. If you do not let us know within that period, you will be liable to pay the premium for the insurance. 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.
21. Our liability to you
Package Holiday Bookings:
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an "organiser" under the Package Travel and Linked Travel Arrangements Regulations 2018. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently and we don't remedy or resolve your complaint within a reasonable period of time, 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.
(2) Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to "unavoidable and extraordinary circumstances", we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs in advance. For the purposes of this clause, "unavoidable and extraordinary circumstances" means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.
Accommodation Only Bookings:
(3) We have a duty to select the suppliers of the accommodation 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 suppliers with reasonable skill and care, we will have no liability to you for anything that happens during the provision of the accommodation in question or any acts or omissions of the supplier, its employees or agents.
(4) 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:-
- The act(s) and/or omission(s) of the person(s) affected;
- The act(s) and/or omission(s) of a third party unconnected with the provision of the travel services included in your holiday package and which were unforeseeable or unavoidable; or
- Force Majeure (as defined in clause 15).
(5) We limit the amount of compensation we may have to pay you if we are found liable under this clause:
- 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 required to have adequate insurance in place to cover any losses of this kind.
- 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 up to three times 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.
Claims in respect of international travel by air, sea and rail:
- 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.
- 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.
- 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.
(6) 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.
(7) 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.
(8) 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.
(9) 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. If you employ the services of any person while on holiday (e.g. a nanny), it is your responsibility to ensure that such person is suitable to provide such services and is adequately vetted.
22. 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. Many of the independent suppliers have their terms and conditions on their websites for you to view, but if you require us to provide you with a copy please let us know so that we can arrange for a copy to be sent to you.
23. 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.
24. 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 villa manager and/or relevant supplier immediately so that action can be taken at the time to rectify the problem. Should the villa manager/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.
Please note that we offer an Alternative Dispute Resolution service through our ABTA membership. Please see clause 25 for further details. You can also access the European Commission Online Dispute Resolution (ODR) platform at ec.europa.eu/consumers/odr/.
25. 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 www.abta.com/consumer-services.
The arbitration scheme is arranged by ABTA and administered independently by the Centre for Effective Dispute Resolution (CEDR Solve) (and from the 14th May with Hunt ADR). 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.
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 must apply directly to the Institute at Merchant's House, 27-30 Merchant's Quay, Dublin 8, telephone 353 1 707 9739, email email@example.com, arbitration.ie, for the form Request for Appointment of Arbitrator
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.
27. 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.
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.
29. Use of information you give us
Please see our Privacy Notice which explains how we will process your personal data.