Booking Conditions

Before booking with us, please read these Booking Conditions carefully and all the other information relevant to your booking, including the Property Rental Conditions (which means all information contained in any specific conditions or restrictions set out in the brochure or website description of your chosen property[ies] and the Important Information section of the brochure or the website or otherwise advised to you.)  In these Booking Conditions, unless the context otherwise requires, words in the singular shall include the plural and vice versa.
The Hoseasons Group Limited arranges bookings of properties either (i) as agent for Vacation Rental Sarl, a company which in turn acts as an agent of the owner concerned (“Owner”), or (ii) as an agent of the Owner concerned itself.   
We also act as agent for transportation companies and other service providers mentioned in this brochure (“Service Provider”).  When you book a property either with us acting as agent for the Owner concerned or as agent for Vacation Rental Sarl as set out above and/or arrange any travel or other services through us, you enter directly into a contract with the Owner and/or the Service Provider of the service concerned (as applicable), including, but not limited to en route hotels, flights, car hire and Eurostar crossings.  An additional fee may be charged for arranging your contract with these service providers.
As we act as agents when taking your booking, we accept no liability in relation to any contract you enter into for the accommodation or for any services or arrangements you purchase ('arrangements') or for the acts or omissions of any Owner or supplier or other person or party connected with any arrangements.

If you book accommodation arrangements with us which include a ferry/Euro Tunnel crossing, then this will be classified as a package holiday booking. In these cases we will accept responsibility for it in accordance with these Booking Conditions as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.   Only bookings which include both accommodation and a ferry/Euro Tunnel crossing will be sold as a package.  All other arrangements including transport and accommodation are sold separately at a non inclusive price, as agent on behalf of the various suppliers.  Please also read Section B of these booking conditions if this applies to you. Clauses 7(ii), 10 and 19 of Section A do not apply to your booking.

SECTION A

All bookings are subject to availability.  The party leader must be at least 18 years at the time of booking.  The party leader must be authorised to make the booking on the basis of these Booking Conditions by all other members of the booking party.  By making the booking, the party leader confirms that he/she is so authorised and that all other party members agree that the booking is subject to these Booking Conditions.  The party leader is responsible for making all payments due to us.  Please note that there may be different age restrictions on driving and car hire in some destinations. 
Subject to availability and receipt of all applicable payments by us, the party leader will be issued with a written confirmation (see below) as soon as reasonably possible showing your booking details and the balance of the total cost remaining due.  Your binding contract with the Service Provider comes into existence when the written confirmation is issued.  For bookings made within 14 days of departure, a binding contract with the Service Provider comes into existence when we give verbal confirmation of your booking to you or your travel agent and you have made the appropriate payments to us or your travel agent.  Receipt and banking of any deposit monies will not constitute acceptance of a booking.
Please note we will provide you with your written confirmation either by post, electronically or by email.  If you book with us online, we will acknowledge receipt of your booking and then provide your confirmation to you electronically or by email.  If you book by post or telephone we will send your confirmation to you by post unless you advise us at the time of booking that you would prefer it to be provided electronically or by email.   It is your responsibility to check your emails regularly and to advise of any change to your email address.
We, on behalf of the Owner/Service Provider (as applicable) have the right to refuse any booking prior to the issue of your written confirmation.  If we do this, we will tell you in writing and promptly refund any money you have paid to us.  In this case neither us nor the Owner or other Service Provider (if any) shall have any liability towards you.
As soon as your confirmation is received, you must check the details carefully.  If anything is not correct you should tell us immediately. If you book through a travel agent your confirmation and all other documents will be sent to your travel agent. 
2. Payment When you book you should pay the deposit amount then due (including any insurance premiums) by debit or credit card, or by sending a sterling cheque to us. The balance must be received by us no less than 10 weeks before the start of your arrangements. However, if you book less than 10 weeks before the start of your arrangements, full payment of the total cost (including any insurance premiums) must be paid at the time of booking.  For any arrangements booked less than 2 weeks before departure your booking must be paid for by debit or credit card, or by bank transfer, at the time of booking.
If any payment due in relation to your booking is not paid by the appropriate date, we on behalf of the Owner/Service Provider are entitled to assume that you wish to cancel your booking.  In this case, we on behalf of the Owner/Service Provider will be entitled to keep all deposits paid or due at that date
If you pay by credit card we will make a charge of up to 2.5%, subject to a minimum charge of £2.00 for each payment made this way to defray costs, expenses and charges incurred by us in connection with credit card payments.  If your payment is not honoured for any reason whatsoever, we are entitled to make an administration charge of £26.
The amount will be shown on your confirmation and further details are shown in our brochures and on our websites.
3. Pricing The prices of unsold arrangements may be increased or decreased and corrections made to errors in advertised prices at any time before your arrangements are confirmed.  The price of your chosen arrangements will be confirmed at the time of booking.  As changes and errors occasionally occur, you must check all details at the time of booking.

All prices quoted or otherwise advised to you include all charges and any UK taxes or governmental levies that apply to your
reservation at the time of booking.
We reserve the right to pass on to you in full, after your booking has been confirmed, all costs and/or charges incurred or imposed by any Owner and/or Service Provider connected with your arrangements, including any price increases due to currency fluctuations. 
All prices are for the property and are not on a per person basis. 4. Low Initial Deposit Offers

Occasionally, offers are made giving you the chance to book properties at either a lower than usual, or a nil, initial deposit.  Details of any additional terms specific to the offer will be notified to you prior to or on making your booking and should be read in conjunction with these Booking Conditions.  If you book a property at either a lower than usual, or a nil initial deposit, you also agree to pay the difference between the amount paid and the usual deposit, either at the time the balance of your booking is due, or at the time of cancellation if you cancel your booking.  If you cancel you must also pay all other applicable cancellation charges.  Please refer to Clause 7 for details regarding cancellations.  Any insurance premiums must still be paid at the time of booking. We reserve the right to extend any Low Initial Deposit offer.
5. Brochure and website details

We aim to ensure that the information provided by Owners and Service Providers is accurately conveyed in brochures and other promotional literature or material produced and circulated by us, or on our website.  There may be small differences between the actual property/other services and its/their description, as we, Owners and Service Providers are always seeking to improve services and facilities.  Occasionally, problems mean that some facilities or services become unavailable or subject to restriction.  If this happens, we will tell the party leader as soon as reasonably practical after we become aware of the situation.  Neither we nor Owners and Service Providers can accept responsibility for any changes or closures to local services or attractions mentioned in the brochure or on our website, by our advisers or advertised elsewhere.  We make reasonable efforts to ensure that information supplied to you in relation to your property and its facilities and/or services as well as advertised travel and other services is accurate and complete as at the date given.  We cannot accept responsibility for any inaccurate, incomplete or misleading information about any property or its facilities and services, except where any such information has arisen out of our negligence.
6.  ABTA Membership

We are a Member of ABTA, membership number Y0662.  As an ABTA member we are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We are also able to 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 on ABTA’s website www.abta.com
The arbitration scheme is administered independently by IDRS, part of the Chartered Institute of Arbitrators. It provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on you in respect of costs. 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 £1,000 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 IDRS within nine months of the last day of your booking.  Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement.
For injury and illness claims, you may like to use the ABTA/Chartered Institute of Arbitrators 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 on request or from www.abta.com.  Alternatively you may write to ABTA Ltd, 30 Park Street, London SE1 9EQ or telephone: +44 (0)20 3117 0500.

 (i) Changes
If you wish to change any detail of your confirmed booking we will do our best to make the changes, provided that notification is received in writing at our offices by the party leader, or from your Travel Agent.  However, we cannot guarantee that it or the Owner/Service Provider concerned will be able to meet any such request.  This notification must be accompanied by a payment of £26 for each change or £41 for each change if travel documents have been issued, together with any costs incurred by us and any costs or charges incurred or imposed by any Owner/other Service Provider.  Please be aware that any amendment will be made at the current brochure/website price, which may differ from the price in the brochure/website from which you booked your chosen arrangements.  Please note that changes to your dates or accommodation may be treated as a cancellation of the original booking and hence be subject to cancellation charges.  Individual party members may be able to transfer their place to someone else introduced by you on payment of the above mentioned charges and provided we are notified not less than two weeks before your departure date.
Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any Owner/other Service Provider as a result together with the appropriate amendment fee as set out above must be paid before the transfer can be effected.  For bookings including flights, you must pay the charges levied by the carrier concerned.  As most airlines do not permit name changes once tickets have been issued for any reasons, these charges are likely to be the full cost of the flight. 
Please note that most Service Providers do not permit name or other changes after tickets have been issued.

(ii) Full Cancellations (Not applicable to Ferry inclusive packages – see section B6)

If you have to, or wish to, cancel your booking, the party leader must telephone us on the number shown on your booking confirmation as soon as possible.  The party leader must also immediately confirm your cancellation in writing sent by recorded delivery to us at the address shown in the brochure or on the website.  The day we receive your telephone notification of cancellation is the date on which your booking with the Owner is cancelled.

FOR UK ARRANGEMENTS ONLY and depending on your reason for cancellation, you may receive a refund authorised by the Owner of all monies you have paid to us for your booking (excluding all booking fees and, where applicable, the premium for any personal travel insurance you have purchased from us, any amendment charges, and credit card charges you have already incurred.  We will also retain a cancellation administration fee of £36 per week or per part week per booking.)

Please note: The refund provisions referred to above only apply to bookings taken in the UK and if the cancellation applies to all members of your party. 

Under your contract with the Owner, in order to qualify for a refund in relation to your UK booking your reason for cancelling must be one of the following, must apply to a member of your party, and with the exception of pregnancy must have occurred after you booked your arrangements and must prevent you from taking your trip.  Please note that you will not receive a refund for pregnancy where the party member is expected to give birth within 14 weeks of the arrival date home -

Illness/Pregnancy (subject to medical evidence of  unfitness to travel); Death; Redundancy (provided employment has been on a continuous basis with the same employer for at least 2 years); Jury or Witness service (in a Court of Law); Illness or Death of a close relative (a close relative is defined as one of the following - Spouse, Son or Daughter (in law), Parent (in law), Grandparent, Sister or Brother, Fiancé(e)); your home is rendered uninhabitable due to fire, storm, flood, subsidence or malicious damage; your presence is requested by the Police, following a burglary at your home or place of business, during the period of your trip or within the preceding 7 days; your unexpected posting by HM Forces or cancellation of leave by HM Police (unless the cost of the lost trip is recoverable from any other source); or compulsory quarantine.  You may also receive a full refund if you are unable to reach your destination due to snow or flood conditions or as a result of being involved in an accident en route (NB: This only applies if you have made every effort to attempt to complete your journey.  You will need to produce evidence from the Police, RAC or AA).  Although a refund is available in these circumstances you may prefer to delay your arrival.  In these cases a 25% refund is available for each 24 hour delay, up to a maximum of 72 hours = 75% (For short breaks, a fixed refund of 50% applies for all arrivals delayed for more than 24 hours).  You will be asked to complete a Booking Cancellation form which may require signing by a Medical Practitioner or employer and in which we may request further information from a third party.

The following reasons for cancellation do not qualify for a refund as set out above: suicide or attempted suicide, intentional self-injury, the effect of intoxicating liquor or drugs, or any other reason which is not specifically referred to.

Where the reason for cancellation does not fall within one of the qualifications for a refund as set out above, e.g.: dis-inclination to travel, leave cancelled by employer (other than HM Forces or the Police) etc, and FOR ALL NON UK TRIPS a cancellation charge will be payable, levied by the Owner, based on the number of days before the arrival date at the property that the Company receives notification of your cancellation, as shown in the following table.  This means that if you have paid the balance of your total accommodation cost and then have to, or wish to, cancel, you may receive a refund of part of such cost.  However, if you have not paid your total accommodation cost including, where purchased, the premiums for any insurances, by the time of your cancellation, you may be required to make a further payment by way of cancellation charge.  
For the purpose of the table below, accommodation cost means the total cost of the accommodation booking, including any extra items. Any insurance premiums, booking fees, credit card charges and administration fees for making any changes will still be payable in full by you.
Please note that such insurance premiums, booking fees, credit card charges and administration fees are not refundable in the event of your cancellation.

Cancellation charge table

If you live outside the UK and have made your booking through a local agent, the term “accommodation cost” in the above cancellation charges table means the amount paid by your local agent to us after deducting any booking fees, insurance premiums and any administration charge paid to us for making any change.  For the avoidance of doubt, “accommodation cost” does not include any charges made by your local agent or other third parties for booking fees, flights, other travel services or any other amounts not paid to us. 
Please note that other service providers may impose higher cancellation charges.  Cancellation of flights for example will incur a 100% cancellation fee imposed by the airline, which is payable by you.

(iii) Curtailment of your stay (UK Only)
A refund as set out above is also available if your stay in the UK is cut short for any of the qualifying reasons set out in (ii) above.  In this case, you will be reimbursed for the appropriate proportion of the charge.  This only applies if the property is vacated by all persons in your party.  Where your stay in the UK is curtailed because the medical reasons set out at (ii) above affect any persons in your party and the property is completely vacated early as a result, you will need to produce a certificate from a local doctor, confirming the necessity of returning home in order to qualify for a refund.
(iv) Partial Cancellations
Where only part of your party needs to cancel this will not normally affect the total cost of your booking unless any travel arrangements or additional services which are charged on a per person basis are cancelled. In these instances any such per person charges paid will be refunded after deducting any cancellation charges made by the Service Provider concerned.  Please note that in the event of full or partial cancellation it is a requirement that all travel tickets and/or vouchers (e.g.: for ferries or for flights) are returned to us.
8. Cancellations or changes by the Owner/Service Provider(s)

The Owners and Service Providers do not expect to have to make any changes to your booking, but sometimes problems occur and bookings have to be changed or cancelled or errors in brochures or other details corrected.  The Owner and Service Provider reserve the right to do so.  If this does happen, we, on their behalf, will contact the party leader (by telephone where reasonably possible in the case of a significant change or cancellation; minor changes will be notified by post) as soon as is reasonably practical, explain what has happened and inform you of the cancellation or change. 
9. Force Majeure

Except where otherwise expressly stated in these Booking Conditions, we regret that neither us nor the Owner/Service Provider can, either jointly or individually, accept liability or pay any compensation where the performance or prompt performance of the obligations under your contract by us, Owner and/or Service Provider (as applicable) is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”.  In these Booking Conditions “force majeure” means an event beyond the reasonable control of the Owner, the Service Provider and/or us (as applicable) which we or the Owner/Service Provider in question could not, even with all due care, foresee or avoid including, but not limited to strike, lock-out, labour dispute, act of God, war, riot, civil commotion, malicious damage, compliance with a law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, insolvency or bankruptcy of an Owner or Service Provider,  fire, flood, snow and storm, difficulty or increased cost in obtaining workers, goods or transport and other circumstances affecting the supply of goods or services.
10. Our liability to you (Not applicable to ferry/Euro Tunnel inclusive bookings, see Section B6 below)

As we act only as agent for the Owner/Service Provider we cannot accept any liability for any act or omission on their part or of anyone representing, or employed by them. Further, we cannot accept any liability for any shortcomings or defects with or in any property as all properties are within the sole control of the Owners. Your contract with the Owner is subject to their terms and conditions, which may contain additional limitations to their liability. If you have any complaints regarding any services we provide (as opposed to any provided by the Owner/Service Provider), you must inform us immediately in writing and in any event within 7 days of the end of any arrangements booked through us. We regret we cannot accept any liability if we are not so notified. Our maximum liability to you if we are found to be at fault in relation to any service we provide (as opposed to any service provided by the Owner/Service Provider for whom we are not responsible) is limited to the commission we have earned or are due to earn in relation to the booking in question, plus any unrecoverable expenses directly related to your booking which you incur as a result of that failure.. We do not exclude or limit any liability for death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment, or for our own criminal act.
Neither we nor the Owner can be held responsible for noise or disturbance originating beyond the boundaries of the property or which is beyond the Owner's control. In the event that a source of reasonably obvious noise has been in existence prior to your arrival and we are informed of this, we will contact you to inform you of the disturbance.
We cannot be held responsible for the breakdown of mechanical equipment such as pumps, boilers, swimming pool filtration systems, nor for the failure of public utilities such as water, gas and electricity.
11. Conditions of Service Providers and Owners

The services which make up your booking are provided by persons, firms, companies and other bodies which are wholly independent of us and for whom we act as agents.  These Service Providers and Owners provide services in accordance with their own terms and conditions.  Some of these terms and conditions may limit or exclude the Service Provider’s/Owner’s liability to you, usually in accordance with applicable International Conventions (e.g.: Athens Convention for international travel by sea).   The terms and conditions may be available from the suppliers upon request.
12. Insurance

These provisions do not apply to bookings which take place entirely in the UK where insurance is optional. However we strongly recommend that you take out adequate travel insurance to cover you for the duration of your booking. 
For all overseas bookings, we consider adequate travel insurance to be essential.  Details of the Personal Travel Insurance policy we offer are shown in our brochures and on our website.  If you decide not to purchase this insurance, you must take out alternative Personal Travel Insurance that provides equivalent or better cover to the policy we offer.  You must also give details of your alternative policy (insurer and policy number) in writing.  If you fail to do so we will add the appropriate premiums for the Personal Travel Insurance we offer to your booking confirmation.  Please note that we do not check insurance policies for suitability. You are responsible for indemnifying us in full in the event that we incur any losses or expenses arising out of your failure to take out adequate insurance cover.  You are strongly advised to take out insurance which will cover any damage which may occur to property which belongs to other people and which may get damaged.
If booking more than 10 weeks before departure, your deposit payment will be deemed to include the applicable premiums for the Personal Travel Insurance we offer for all persons named on the booking unless you give the required details of your alternative acceptable insurance in writing at the time of booking.  For bookings made within 10 weeks of departure the premiums must be paid to us in full at the time of booking as cover will not be effective until we receive all applicable premiums. We reserve the right to refuse or cancel a booking if you do not have personal travel insurance cover that matches or exceeds that provided by the insurance we offer.  We will treat any cancellation for this reason as a cancellation by you and the cancellation charges set out in clause 7 above will be payable.  Please read your policy details carefully and take them with you.  It is your responsibility to ensure that the insurance cover you purchase is adequate for your particular needs. We do not check alternative insurance policies.

If you or any member of your party has any medical problem or disability that may affect your booking please tell us before you confirm your booking and give us full details in writing as early as possible before you travel.  If we or the Owner/Service Provider reasonably feel unable to properly accommodate the particular needs of the person concerned we reserve the right to decline or cancel the reservation.
14. Your Property

The Owner imposes the following conditions in relation to your stay at the property.  You can arrive at your property at any time after 3.00pm (unless advised otherwise, for example on your confirmation) on the start date of your rental period and you must leave by 10.00am on the last day.  If your arrival will be delayed beyond 8.00pm on the start date of your rental period, you must contact the person whose details are given on the location guide so that alternative arrangements can be made.  If you fail to do so, you may not be able to gain access to the property.  If you fail to arrive by 12 noon on the day after the start date of your rental period and you do not advise the person whose details are given on the location guide of your late arrival, we on behalf of the Owner may treat your booking as having been cancelled by you.  No refund of any monies paid by you will be made in this situation. 
Some Owners may require you to pay a security deposit on arrival.  If this applies to your chosen property you will be advised of the amount at the time of booking.  The security deposit will be refunded by the Owner at the end of your rental period (less any costs for breakages, damage etc if applicable). 
You and all members of your party agree to keep the property clean and tidy, to leave the property in a similar condition as you found it upon your arrival, and to behave lawfully at all times whilst at the property.  You and all members of your party further agree not to use the property for any unlawful or commercial purpose, including without limitation assigning or subletting it or otherwise allowing anyone to occupy it who has not previously been accepted by us on behalf of the Owner.  You are responsible to the Owner for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you and/or any members of your party, and the Owner can require payment from you to cover any such costs.
The Owner is entitled at his/her sole and absolute discretion to refuse to hand over to you, or to repossess, the property if the Owner reasonably believes you or any member of your party is behaving unlawfully, or that any damage is likely to be caused, has been caused or is being caused by the behaviour of you or any members or your party.  These circumstances will be treated as a cancellation by you.  You also must not allow more people than the brochure states to occupy the property, neither can you significantly change the composition of your party during your occupation of the property.  If you do any of these things, the Owner can refuse to hand over the property to you, or can repossess it.  If the Owner does so, this will be treated as a cancellation by you.  In these situations no refund of any monies you have paid in respect of your booking will be made and neither us nor the Owner will have any liability to you as a result of this situation arising (including for example any costs or expenses you incur due to not being able to occupy the property, such as the cost of securing an alternative property/ accommodation or the payment of any compensation to you).  Neither us nor the Owner will be obliged to find any alternative accommodation for you.
You must allow the Owner and any representative of the Owner (including workmen) access to the property at any reasonable time during your occupation of the property (except in cases of emergency or where a problem needs remedying quickly and you cannot be contacted in time - in these situations the Owner is entitled to enter the property at any time without giving you prior notice).
Pets are not allowed unless stated in the brochure.  If you take a pet with you, it is not allowed on beds or furniture, or in any communal facilities, such as swimming pools or shops.  Pets should not be left unattended in the property, and dogs should be kept on a lead within the boundaries of a property including the garden.  Registered guide and support dogs belonging to those with visual and hearing impairments are allowed in all properties featured in this brochure even where the property description states that pets are not allowed.  Customers with allergies should be aware that we cannot guarantee that a registered guide and/or support dog has not stayed in their chosen property nor can we accept any liability for any suffering which may occur as a result of such animals having been present.  You should also refer to the information regarding taking pets included in our brochure or on our website.  
15. Damage / Minor Accidental Damage Charge (Overseas only)

Please note that when specified bookings are subject to a non refundable Minor Accidental Damage Charge (levied by us on behalf of the Owner) more details of which are provided in our brochure and our website. The amount of the Minor Accidental Damage Charge will be confirmed to you at the time you book and will be set out in your confirmation invoice.
The Minor Accidental Damage Charge covers all minor accidental damage (including breakages, marking and snagging) that you or valid members of your party may cause to the property or its contents during your stay up to a total value of £500.
Please note that this does not cover:-

1. any deliberate, unlawful, grossly negligent, reckless or malicious damage to the Property or to its contents;
2. any major or structural damage caused to the property or its contents;
3. any damage whatsoever not caused entirely accidentally by a valid member of your party;
4. any costs arising from additional cleaning that may be required to the Property as a result of it being left in a dirty condition
5. any damage not promptly reported to the Owner or to us; and
6. all and any damage which is in excess of £500.

You will therefore be responsible to the Owner for (and may be charged for) all damage or breakages caused by you or your party to the property or its contents (together with the cost of any remedial action needed) which are not expressly covered by this Minor Accidental Damage Charge.
You may be required to check and sign an inventory on your arrival at the property. If at that time you discover that anything is missing or damaged please notify the Owner/keyholder immediately.
In some cases, an Owner may require you to pay a security deposit in cash in local currency on arrival at the property. The amount will be advised to you at the time of booking and shown on your confirmation. Where such a security deposit is payable you will not be required to pay (and will not be covered by) the Minor Accidental Damage Charge and you are responsible to the Owner for the actual costs of any breakage or damage in or to the property - along with any additional costs that may result - which are caused by you and/or any members of your party, and the Owner can require payment from you to cover any such costs.
16.  Special requests

If you have any special requests you must advise us at the time of booking and confirm them in writing. Although we will endeavour to pass any reasonable requests on to the Owner and/or the relevant Service Provider (as applicable), no guarantees can be given that any request will be met.  Confirmation that a special request has been noted or passed on to the Owner/Service Provider (as applicable), or the inclusion of the special request on your written confirmation or any other documentation, is not confirmation that the request will be met.  Failure to meet any special request will not be a breach of your contract.  Conditional bookings cannot be accepted i.e.: any booking which is specified to be conditional on the fulfilment of a particular request. 
17.  Transport Suppliers

We can assist in arranging car hire, flights and en route hotels. We act as agent on behalf of these transport/en route hotel suppliers. We cannot accept any responsibility for any problems arising out of any transport/en route hotel services. Any contract you enter into for transport/en route hotel services is with the supplier of the services concerned. Booking transport/en route hotel arrangements for you in addition to your accommodation does not mean however that we have sold you a 'package' or that we are an 'organiser' of packages as defined by the Package Travel, Package Holidays and Package Tours Regulations 1992.  For ferry crossings, please see Section B of these conditions.
18.  Flights

Please note that we act as agents for the airlines concerned. A flight described as "direct" will not necessarily be non-stop. All departure/arrival times are provided by the airlines concerned and are estimates only. They may change due to air traffic control restrictions, weather conditions, operational/maintenance requirements and the requirement for passengers to check in on time. We cannot be held liable if there is any change to a departure/ arrival time previously given to you or shown on your ticket. It is for this reason that all clients are required to reconfirm their flights, with the airline, 72 hours prior to departure. We are also unable to make any special arrangements for the client if the client is delayed; these matters are in the sole discretion of the airline concerned. When you receive your tickets and travel documents you should check them carefully as times may have changed since you made your booking.  You should also check for any errors.  The information on the ticket is deemed correct unless we are advised by you of any errors within 72 hours of receipt.  You must check in at least two hours before the stated departure time. We will not be liable for any costs you have to pay if you fail to meet this deadline.
Please note the existence of a "Community list" (available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm) 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. Reimbursement in such cases is the responsibility of the airline and will not entitle you to a refund of the price of your arrangements from us.
19. Complaints (Not applicable to Ferry/Euro Tunnel inclusive bookings)

Every effort has been made to ensure that you have an enjoyable and memorable stay.  If, however, you have any cause for complaint then we, together with the Owner are anxious that remedial action is taken as soon as possible. Because the contract for your accommodation is between you and the owner, any queries or concerns should be addressed to them.  It is essential that you contact the Owner or his/her representative immediately if any problem arises so that it can be speedily resolved.  It is often extremely difficult (and sometimes impossible) to resolve difficulties properly unless the Owner is promptly notified.  Discussion of any criticisms with the Owner or his/her representative whilst you are in residence will usually enable shortcomings to be rectified straightaway.  In particular, complaints of a transient nature (for example, regarding preparation or heating of the property) cannot possibly be investigated unless registered whilst you are in residence.  If you cannot make contact with the Owner or his/her representative, or if you remain unhappy with their response, you should immediately telephone the Customer Care Line on the number shown on your confirmation.  If, after this, you feel that the problem has not been resolved to your satisfaction, then the party leader must, within 30 days of returning from your holiday rental, put your complaint in writing to us.  This will then be passed on to the Owner.  Send your letter by recorded delivery to our office at Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA, marked for the attention of the Customer Relations Department.  This procedure is designed to ensure the speediest possible investigation and rectification of complaints.  Please help us and the Owner to help you by following this procedure.  If you fail to do so, this may affect your entitlement to claim compensation where this would or may otherwise have been appropriate.  As we act only as an agent for the Owner, we cannot accept any liability for your property.  Any assistance provided in resolving a complaint in relation to your booking is provided on a goodwill basis and in our capacity as agent only.
20. Governing law

It is agreed that any dispute, claim or other matter which may arise in relation to your booking will be governed by English Law and the parties agree to submit to the exclusive jurisdiction of the Courts of England and Wales.

For the purposes of the Data Protection Act 1998, The Hoseasons Group Limited is the sole data controller of all personal data provided to us by customers and prospective customers.  In order to process your booking we need to collect certain personal details from you, for example names and addresses of party members, credit/debit card or other payment details, special requirements such as those relating to any disability or medical condition which may affect any party member’s arrangements and any dietary restrictions which may disclose religious beliefs.
If we need any other personal details, we will tell you before we obtain them from you.  We need to pass on your personal details to the companies and organisations who need to know them so that your booking and any travel-related services (if any) can be provided (for example the Owner, Service Provider), other suppliers or agents, your credit/debit card company or bank, the insurance company if you purchase our personal travel insurance policy or for verification of details relating to your booking and any travel-related services booked. Such individuals, companies and organisations may be outside the European Union.  Data protection legislation in those countries may differ from that in the UK.
We also need to process and store your personal details for our own administration, market analyses and operational reviews.  We would also like to store and use your personal details for future marketing purposes (for example, sending you brochures, emails or details of promotions and offers which we feel may be of interest to you).  Please see our privacy policy for full details, which is available on our website. All details you give to us at any time will be kept, but only names, contact details and any booking preferences will be used for marketing purposes unless you are informed otherwise when you provide the information.
We may disclose customers’ names, contact details and booking preferences to any of our trading divisions, to our parent company, Wyndham Worldwide, or to any company within the Wyndham Worldwide group of companies, such as RCI Europe which offer goods or services which we feel may be of interest to you.  We may also disclose your details to immigration or law enforcement authorities where we are required to do so.
Occasionally, we may sell or provide customers’ names, contact details and any booking preferences to other individuals, companies and organisations authorised by us who offer goods or services which we feel may be of interest to you.  The companies, organisations and third parties to whom we disclose customer details may contact any members of your party by post, e-mail, telephone, including automated dialling equipment, fax, and/or pre-recorded messages for the purposes set out in this Section.
If you do not wish to receive any or all of the communications set out in this Section, please let us know as soon as possible by telephone, letter, e-mail or fax.  We are entitled to assume that you do not object to being communicated with unless you have indicated otherwise either at the time you gave your details to us or subsequently.
Except where expressly permitted by the Data Protection Act 1998, we will only deal with the personal details you give to us as set out above unless you agree otherwise.  You are generally entitled to ask us (by letter, fax or e-mail) if and how we are processing your personal details.  We are entitled to charge a fee in responding to such a request.  We promise to respond to your request within 40 days of receiving this in writing and payment of the appropriate fee (if required by us).  In certain limited circumstances we are entitled to refuse your request.  We may also record or monitor telephone calls to and from us for staff or training purposes.

SECTION B: Ferry/Euro Tunnel inclusive bookings only

All prices quoted or otherwise advised to you include all charges and any UK taxes or governmental levies that apply to your holiday at the time of booking. The prices shown in our brochures and on our website were calculated on the basis of then known costs and on an exchange rate of £1 to 1.21 Euro.

The prices of unsold arrangements may be increased or decreased and corrections made to errors in advertised prices at any time before your arrangements are confirmed.  The price of your chosen arrangements will be confirmed at the time of booking.  As changes and errors occasionally occur, you must check all details of your chosen holiday (including the price) at the time of booking.

When the price of your chosen arrangements has been confirmed at the time of booking, then, subject to the correction of errors, we will only increase or decrease the price 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 B1, if our costs increase or decrease as a result of (as applicable) transportation costs or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports increasing or decreasing or if 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.  Where a surcharge is payable, there will be an amendment charge of £1 together with an amount to cover agents’ commission.  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 the Company (except for any amendment charges) or alternatively purchase another holiday from us as referred to in clause B3.  Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your 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.

You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel your holiday 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.  No refunds will be made within this period either.

B2. Your financial security

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 for your repatriation in the event of our insolvency. This security is provided by a bond held by ABTA. Please see Clause 6 for full details of our ABTA membership. Please note that any flight bookings we arrange on your behalf are made as agent for the supplier and do not form part of your Ferry/Euro Tunnel Package.  Any such flights are not covered under this Financial Security Clause.

B3. Cancellations or changes by us

 It is unlikely that we will have to make changes to your booking arrangements but occasionally, as we make the arrangements for your bookings many months ahead, we may have to make changes both before and after bookings have been confirmed and/or cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we reserve the right to do so at any time. Occasionally we have to make a "significant change" such as a change of property to that of a lower standard, changing the departure time by more than 12 hours or change of area. If a "significant change" or cancellation of your booking becomes necessary, we will inform you as soon as is reasonably possible before departure. All other changes are treated as "minor" in which case we shall have absolute discretion as to whether you are notified. If we have to make a significant change or cancel your booking, and provided that there is time to do so before departure, we will offer you three options: 

1. Accepting the alternative booking arrangements as offered to you;
2. Transferring to an alternative booking (please note that the price may differ from your original booking);or

c) Cancelling your booking (together with a refund of any sums paid).
Following our offer of the alternative booking arrangements, you must notify us of your choice within a reasonable time. If you fail to do so we will assume that you have chosen to accept the alternative booking arrangements. The above options are not available where any change is a minor one or where the changes or cancellation by us arises out of alterations to the confirmed booking requested by you. In addition, if we make a significant change or cancel your booking within 10 weeks before the date of departure we will pay you compensation in accordance with the scale and provisions set out below subject to the following exception: no compensation can be paid and no liability beyond offering you the above options (where applicable) can be accepted where we are forced to make a change or cancellation as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised. Such circumstances may include, but are not limited to those listed under "force majeure" at clause 9 above.

The above sets out the maximum extent of our liability under this clause and we regret we cannot meet any expenses or losses you may incur as a result of inconvenience suffered. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable.

We will accept responsibility for your holiday as an "organiser" under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below.  Subject to the other provisions of this clause B.4, we accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described by us. If, after departure, any part of your travel arrangements are not provided as promised, due to the fault of our employees, agents or suppliers, we will pay you appropriate compensation, if this has affected the enjoyment of your travel arrangements. However, our liability in all cases shall be limited to a maximum of twice the value of the element not supplied excluding flights. The level of such compensation will take into account all relevant factors including the invoice price of the tour, any steps it was reasonable for the client to take to minimise the inconvenience/damage suffered and the extent to which the deficiency or improper performance can have affected the client's enjoyment of the package.

Please note that we will not be liable for any injury, illness, or death or consequent losses suffered by you or any member of your party, unless you are able to prove that such injury or illness was caused by lack of reasonable care and skill on the part of ourselves or our suppliers in the performance of our obligations under our contract with you. It is a condition of the payment of compensation that you notify us of any complaint or claim strictly in accordance with clause B7 and, further, assign to us any rights that you may have against any third party in connection with your claim. You must co-operate with us and our insurers in this regard. If you suffer a personal injury, death or serious difficulties as the result of an activity which does not form part of the package you booked with us - including for example any additional services or facilities provided to you by a hotel or any other supplier which was not included as part of the original contract between us – we will not be liable to pay you any compensation but will offer you such advice and guidance as is reasonable in all the circumstances provided we are advised of the incident within 90 days of the occurrence.  We will not be responsible where you do not enjoy the holiday or suffer any other problems because of a reason which you did not make us aware of when the holiday was booked.

In all claims of whatever nature we will not be liable where the alleged loss or damage results from any of the following:
i.   the fault of the person affected or any members of their party or

1. the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
2. an event or circumstances which we or the supplier of the service in question could not have predicted or avoided even after taking all reasonable care or the fault of anyone who was not carrying out work for us (generally or in particular) at the time.

Important notice in respect of limits on liability.  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 Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to accommodation arrangements). 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.

The promises we give to you regarding the services we have agreed to provide or arrange as part of the contract, and the laws and regulations of the country in which your claim or complaint occurred, shall be used as the basis for ascertaining whether or not the services in question have been properly provided. If the services in question which caused the claim or complaint complied with the local laws and regulations applicable to those services at that time, the services shall be treated as having been properly provided. Such shall be the case even if the services did not comply with the laws and regulations of the UK which would have applied if those services had been provided in the UK.

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 and your party is £25 per person in total. We strongly recommend that you and your party take out adequate travel insurance for your particular needs whilst on holiday and for the purpose of these Booking Conditions you and your party are assumed to have done so.

It is your responsibility to ensure that you and all members of your party are in possession of all necessary travel and health documents before departure.  All costs incurred in obtaining such documentation must be paid by you.  We and any Owner/Service Provider connected with your holiday regrets it cannot accept any liability if you or any members of your party are refused entry onto any transport or into any country due to the failure on the part of the person concerned to carry or supply correct documentation.  The following information is for guidance only and you must check the relevant websites to check the up to date advice before you travel.
The passport, visa and health requirements applicable at the time of printing to British citizens for the holidays that we offer are shown in our brochures, with up to date information provided through links from our website.  A full British passport presently takes approximately 4 weeks to obtain.  If you are 16 years or over and have not yet got a passport our recommendation is that you should apply for one at least six weeks before your holiday.  The UK Passport Service has to confirm your identity before issuing your first passport and from October 2006 will ask you to attend an interview in order to do this.  Requirements may change and you must check the up to date position in good time before departure, and provide and details if so required.  Information on the European Health Insurance Card (EHIC) is available at www.dh.gov.uk or from your local Department of Health office.  You can apply for an EHIC online at www.dh.gov.uk or by phone on 0845 606 2030 or by post from EHIC Applications, PO Box 1115, Newcastle-upon-Tyne, NE99 1SWIf you or any member of your party is not a British citizen or holds a non-British passport, you must check passport and visa requirements with the Embassy or Consulate of the country(ies) to or through which you are intending to travel.  If failure to have or supply any necessary travel or other documents results in fines, surcharges or other financial penalty being imposed on we or any Owner/Service Provider, you will be responsible for reimbursing us/Owner/Service Provider accordingly.  We reserve the right to request any personal details, including passport numbers, if required to do so by the authorities or by law.

B6. If you change or cancel your booking Full Cancellations

If you have to, or wish to, cancel your booking, the party leader must telephone we on the number shown on your booking confirmation as soon as possible.  The party leader must also immediately confirm your cancellation in writing sent by recorded delivery to us at the address shown in the brochure or on the website.  The day we receive your telephone notification of cancellation is the date on which your booking is cancelled.  If you cancel, a cancellation charge will be levied by the Owner and/or other Service Provider, as shown in the following table. 
This means that if you have paid the balance of your Total Cost and then have to, or wish to, cancel, you may receive a refund of part of such cost.  However, if you have not paid your Total Cost including, where purchased, the premiums for any insurances, by the time of your cancellation, you may be required to make a further payment by way of cancellation charge.

For the purpose of the table below, Total Cost means the total cost of the booking, including any extra items. Any insurance premiums, booking fees, credit card charges and administration fees for making any changes will still be payable in full by you.

 Please note that such insurance premiums, booking fees, credit card charges and administration fees are not refundable in the event of your cancellation.

Cancellation charge table

Please note that other Service Providers may impose higher cancellation charges. Cancellation of flights for example will incur a 100% cancellation fee imposed by the airline, which is payable by you.  Please also see Clause 12, insurance.

B7. Complaints

If a problem occurs whilst you are abroad, you must inform the relevant supplier (e.g. hotel, car rental company, airline) immediately so that the matter can be put right. If the supplier cannot resolve the problem to your satisfaction at the time, you must also contact us immediately by telephoning our offices, so that we are given the opportunity to help. In the event that a complaint cannot be resolved at the time, you must write to us within 28 days of return to the UK quoting the original booking reference and giving all relevant information. PLEASE NOTE: - Failure to take these steps will hinder our ability to resolve the problem and/or investigate it fully and in consequence, your rights under the contract may be affected.  We regret we cannot accept liability for any claims which are not notified to ourselves and/or our suppliers strictly in accordance with this clause.
The prices and booking conditions on this website supersede all those previously published.

Prices and booking conditions may be updated, changed or varied subsequently.

The Hoseasons Group Limited
Registered Office:
Spring Mill, Earby, Barnoldswick, Lancashire, BB94 0AA.
Registered in England and Wales.  Company Registration Number: 00965389.
VAT Registration Number: GB 598 22 99 77.
The Hoseasons Group Limited is a Wyndham Worldwide Company.