Service - Booking Terms and Conditions
These booking conditions and other information on this website set out the terms on which you contract with us. No employee or representative of this company has the authority to vary these terms and conditions or information in this e-brochure (the Internet version of our paper brochure). Your contract shall be governed by and construed in accordance with English Law and is subject to the jurisdiction of the United Kingdom Courts. Our appointed agents in Ireland are Inghams Travel, 29 Herbert Lane, Dublin 2, who will accept legal service of documents for us.
- A. Bookings and payments
- B. Changes or Cancellations by you
- C. Changes or Cancellations by Inghams Villas
- D. Complaints
- E. Data Protection
We are Hotelplan Limited trading as Inghams Villas and our registered office is 10-18 Putney Hill, London SW15 6AX. The air holidays and flights in this brochure are ATOL protected, since we are licensed by the Civil Aviation Authority (CAA), ATOL 0025. All other holidays in the brochure are bonded with the Federation of Tour Operators (FTO). In the event of our insolvency, the CAA or FTO would ensure you were not stranded abroad and would arrange to refund you any money you have paid to us for an advance booking. We are also members of the Association of British Travel Agents (ABTA).
Information about our programmes (including prices and travel details) may be featured on other websites operated by travel agents and other organisations. Please note that we do not accept responsibility or liability for any advice given to you on any website which is not operated and maintained by ourselves.
We recommend that before booking your holiday you check our website for the most up-to-date information in relation to the holiday you have chosen. Only confirmed bookings can be made on-line, we do not give options on our on-line service. Once your booking is confirmed as definite a contract exists between us and all conditions become binding on us both. We will send you a confirmation email followed by a paper invoice confirming details of the holiday.
The person making the on-line booking guarantees payment to us of the total cost of the holiday booked, and also does so on behalf and with the consent of all others for whom the booking is completed.
A deposit of 30% of the villa rental cost (plus insurance premium if appropriate) plus the whole amount for any flights, ferries, and car rental is payable at the time of booking (or the full balance if booking within 10 weeks of departure). We will send you an invoice for your villa accommodation and a separate invoice for the other holiday arrangements showing the details.
The balance of the holiday cost must be paid no later than 10 weeks before departure. If the deposit or balance is not received by the due date we reserve the right to cancel the booking and your deposit plus insurance will be forfeited. We do not usually send reminders of monies owing.
Payment by credit card
A charge of 1.5% will be made for each credit card transaction.
Price Policy
We reserve the right to increase or decrease e-brochure prices at any time before you book and to publish further e-brochure editions. Price increases may for example become necessary because of fuel supplements. Our e-brochure is published in November 2007. However, prices are based on currency exchange rates quoted in the Financial Times World Currencies Table on 5th March 2007 and known costs on that date. After booking the price of your travel arrangements can be varied due to changes in transportation costs such as fuel, scheduled airfares and any other airline cost changes which are part of the contracts between airlines (and their agents) and the tour operator. Also Government (UK & foreign) action such as changes in VAT or any other Government imposed changes. In the case of any small variation, an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges, will be absorbed or retained. For larger variations this 2% will be absorbed for increases but not retained from refunds. In either case there will be an administration charge of £1 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any amendment charges. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. Whether you cancel or not you will also be entitled, on the terms set out in the Significant Changes paragraph (section C below), to accept an offer of alternative travel arrangements from us if we are able to do so and compensation as set out below. 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.
B. Changes or Cancellations by you
Requests to change your booking after confirmation (e.g.transferring to a different accommodation, departure date or airport/port) may be made in writing or by telephone, but we are not bound to comply with such requests. If additional people are added to your booking they are added on the understanding that they have also accepted these booking conditions. Where we can meet a request for a change to your holiday we will issue a revised holiday details/invoice to confirm this.
Cost of changes
To avoid incurring booking service charges at a later date, please remember to book all additional items when you first confirm your holiday. Subsequent amendments or alterations will incur the following charges:
- Addition or amendment of special requests which you would like passed on to the airline or accommodation - £5 (not possible within 10 days of departure)
- Name changes. No charge will be made for name changes notified to us within 2 weeks of the first confirmation.Thereafter, a charge of £20 (£25 if tickets have been issued) will be made for each name change. Different conditions may apply for holidays utilising scheduled flights – please contact our Reservations Department for details. Reticketing charges by scheduled/low cost airlines in respect of name changes made within 56 days of departure will incur cancellation charges on a scale of £100 upwards. “No frills” carriers may not permit flight or name changes and may charge fees if a change is permitted. Please contact administration department for details.
- Other amendments will have a service charge of £20 per person(max £45)
Cost of Cancellations
Cancellations can only be accepted in writing by letter, fax or email. We strongly recommend you obtain proof of posting from your Post Office or send emails requesting a ‘read receipt’. A cancellation/confirmation invoice will be sent to you within seven days. If you do not receive this you should contact our Reservation department on 0208 8780 7777. The charges you incur, set out below, depend on when we receive your written notification. Amendment fees and insurance premiums cannot be refunded and are payable in full. You may be able to make a claim against your insurers if your cancellation falls within the terms of the policy.
| Period before scheduled departure date within which notification is received by us: | Charge as % of is total holiday cost |
|---|---|
| More than 56 days 43 - 56 days 29 - 42 days 15 - 28 days 1 - 14 days 24 hours or less | Deposit and insurance 30% or deposit if greater 60% or deposit if greater 80% or deposit if greater 90% 100% |
Part cancellations: i.e When not all passengers are cancelling from a booking. Any members of a party cancelling from a booking will forfeit their deposit and (if applicable) their insurance premium. However, as our prices are based on the rental of a complete property, the holiday cost will not alter except where the numberof passengers travelling in a car affects the ferry cost, in which case the refund cost will be shown in the invoice.
C. Changes or Cancellations by Inghams Villas
It is unlikely that changes will have to be made to your holiday but, because arrangements are planned many months in advance, we reserve the right to make changes to brochure and holiday details both before and after you have booked your holiday. We will inform you of such changes as soon as possible.
Significant changes by Inghams Villas
Where a significant change to an essential term of the contract becomes necessary, we will inform you or your travel agent as soon as is reasonably possible if there is time before your departure. A significant change is one that we make to your holiday arrangements before departure that involves changing your UK departure airport or ferry port (except as between Gatwick/Heathrow/Luton/Stansted /London City), your booked accommodation to that of a lower Inghams Villas own rating for the duration or a major part of your stay, the closure of the only or all advertised swimming pools at your accommodation, your departure date or departure time by more than 12 hours (except in the case of curtailment as dealt within the section on Force Majeure). These are only illustrations of significant changes and there may be other changes which constitute significant changes. To enable us to determine whether other changes constitute a significant change, you must advise us in writing at the time of booking of any particular facilities which are fundamental to your holiday.You will have the choice of either a) accepting the changed arrangements as notified to you (and receiving a refund in respect of a lesser price) or b) purchasing another holiday from us and paying or receiving a refund in respect of any price difference or c) cancelling your holiday and receiving a full refund of all monies paid. In the event of a significant change, we will in addition pay your party compensation as follows, (except where the change is made as a result of those circumstances listed under Force Majeure):
| Compensation Per Booking | |
|---|---|
| More than 56 days before departure 43 to 56 days before departure 29 to 42 days before departure 22 to 28 days before departure 0 to 21 days before departure | Nil £25 £40 £80 £100 |
Force majeure
Compensation payments do not apply to changes, cancellations or curtailment caused by reason of war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural and nuclear disaster, fire, adverse weather conditions, closure or congestion of airports or ports, cancellation or changes of schedules by scheduled airlines, technical problems to aircraft and all similar events beyond our control. Further, we cannot accept responsibility where the performance or prompt performance of our contract with you is prevented or affected as a result of such circumstances beyond our control.
Cancellation by Inghams Villas
We reserve the right in any circumstances to cancel your holiday and all holidays we operate are subject to a minimum number. In no case will we cancel your holiday less than 10 weeks before your departure date except for reasons of force majeure or failure by you to pay the final balance. Where we are unable to provide the holiday booked, we will return to you all monies paid, or offer an alternative holiday of comparable standard and (if the cancellation occurs within 10 weeks of departure) compensation shown in the table in this section of these conditions.
Behaviour
We reserve the right at our absolute discretion to terminate without notice and liability the holiday arrangements of any person whose behaviour is such that it is likely, in our reasonable opinion, or that of any accommodation owner, manager, keyholder, airline pilot or other person in authority, to cause distress, danger, damage, or annoyance to other customers, employees, property or to any third party. If any person or persons are prevented from travelling because in the opinion of any person in authority they appear unfit to travel or likely to cause discomfort or disturbance to the customers or passengers, our responsibility for the person or persons holiday will then cease. In all cases full cancellation charges apply and we will be under no obligation whatsoever for any cost incurred.
Our liability
(1) We promise to make sure that all parts of the holiday we have agreed to arrange as part of our contract are provided to a reasonable standard and in accordance with that contract. We also accept responsibility for what our employees, agents and suppliers do or do not do. We will not, however, be responsible for any injury, illness, death, loss (for example, loss of enjoyment), damage, expense, cost or other sum or claim which results from any of the following:-
- (a) the fault of the person(s) affected or any member(s) of their party or
- (b) the fault of a third party not connected with the provision of your holiday which we could not have predicted or avoided or
- (c) an event or circumstances which we or the supplier of the service(s) in question could not have predicted or avoided even after taking all reasonable care (see Force Majeure).
- (d) the fault of anyone who was not carrying out work for us (generally or in particular) at the time.
In addition, we will not be responsible where you do not enjoy your holiday or suffer any problems because of a reason you did not tell us about when you booked your holiday or where any problems you suffer did not result from any breach of our contract or other fault of ourselves or, where we were responsible for them, our suppliers or agents or where any losses, expenses, costs or other sum you have suffered relate to any business. Please note, we cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your accommodation owner or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure and we have not agreed to arrange them. The promises we make to you about the services we have agreed to provide or arrange as part of our contract - and the laws and regulations of the country in which your claim or complaint occurred - will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. Further, so far as air, rail and sea carriers are concerned our liability in all cases islimited as if we were carriers within the appropriate international conventions. In all cases except where personal injury, illness or death results, our liability is limited in total to twice the holiday price of the person(s) affected. It is a condition of this contract that you are covered by a comprehensive personal insurance including adequate Personal Liability cover equivalent to that provided by the Inghams Villas recommended insurance, to meet the cost of damage to your holiday property for which you may be held responsible.
Assistance
Should you suffer, through misadventure, illness, personal injury or death whilst on holiday as a result of an activity not part of the holiday arrangements made by us or not purchased locally throughus we will offer you all reasonable assistance in pursuing any claim you intend making against the offending party. This includes advice and guidance and may include a contribution towards initial legal costs and expense which in our opinion are reasonable and appropriate in the circumstances. All assistance (monetary or otherwise) is provided subject to a maximum total cost to Inghams Villas of £5,000 per booking form and assistance must be requested within 90 days of the date of misadventure. Furthermore you undertake to assign to ourselves any costs recovered in the event of a successful claim against the third party or there being an appropriate insurance policy in force.
IATA, CAA, ATOL Protection & Flight times
The responsibility of IATA Airlines in connection with the holidays advertised in this brochure on scheduled services, is limited to the carriage of passengers and their baggage in accordance with the conditions of carriage of the participating airline. All charter arrangements are subject to the granting of licences by the Civil Aviation Authority and Continental Authorities, and any conditions imposed by them. Inghams, and our airlines, plan flights up to a year in advance. All times are approximate until confirmed on your flight ticket 3 weeks before departure or as advised to you by email in the case of e-tickets.
Flight Delays/Changes
Most flights operate on time but in the event of a delay we will do our best to arrange for the agents of the airline to provide, if practical in the circumstances and given the airport involved, refreshments appropriate to the time of day for delays over three hours; overnight accommodation for delays over 12 hours extended beyond midnight subject to local availability and operational suitability. It may also be necessary before departure from the UK or overseas to alter the airline, aircraft or flight timings (by less than 12 hours) or your airport of destination for operational reasons. Where such changes occur it is not possible to transfer to another holiday or to cancel without incurring normal cancellation charges. Please note that carriers such as airlines used in this brochure maybe subject to change. Such a change is deemed to be a minor change - other examples of minor changes include alterations to your outward/return flights by less than 12 hours and changes to aircraft type. The above is without prejudice to your rights under the European Denied Boarding Regulations 261/2004. In accordance with EU regulations we are required to advise you of the actual carrier operating your flight/connecting transfer. We do this by listing the carriers to be used or likely to be used on page 10. Any changes to the actual airline after you have received yourtickets will be notified to you as soon as possible and in all cases at check in or at the boarding gate. Such a change may be deemed to be a minor change. In accordance with EU Directive (EC) No. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘community list’ which contains details of airdetails of air carriers that are subject to an operating ban within the EU. The list is available for inspection at http://europa.eu.int/comm/transport/air/safety/flywell_en.htm. In accordance with EU regulations we are required to advise you of the actual carrier operating your flight. We do this by confirming the carrier to be used at the time of booking and on your confirmation invoice.
Any complaints about your holiday property must be brought to the attention of the keyholder, owner and/or local agent who will make every effort to achieve a satisfactory solution. Should this not be possible, assistance is available by contacting the Inghams Villas emergency telephone numbers. It is important formally to register your complaint at the time with us. It would be beneficial to you in order to quicken the investigation process if you could put a brief resume of your complaint to the property owner/agent before your departure. You should then write to us within 28 days of your return, quoting your booking reference to: Customer Relations, Inghams Villas, 10-18 Putney Hill, LondonSW15 6AX. If you fail to follow these simple procedures we will have been deprived of the opportunity to investigate and rectify your complaint whilst you are on holiday and this may affect your rights under this charter. Subsequent correspondence must be followed upin writing within 6 weeks of your receiving a full reply from us. Investigation can take up to eight weeks. Disputes arising out of, or in connection with, this contract which cannot be amicably settled may (if you so wish) be referred to arbitration under a special scheme arranged by the Association of British Travel Agents (ABTA) but administered independently by the Chartered Institute of Arbitrators.The scheme (details on request from ABTA, 68-71 Newman Street, London W1T 3AH), 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 greater than £5,000 per person or £25,000 per booking form or to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. If you elect to use the scheme, written notice requesting arbitration must be made within 9 months after the scheduled date of return from holiday.
Privacy Policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements we need to use the information you provide such as name, address, any special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to security or credit checking companies and public authorities such as customs/immigration if required by them, or as required by law. We will not, however, pass any information onto any person not responsible for part of your travel arrangements. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons. We will confirm the details we hold about you on request. Please note that where information is also held by your travel agent, this is subject to your agent’s own data protection policy.
Marketing
We do not share any information with third parties, but we would like to hold your information, where collected by us, for our own future marketing purposes (for example to inform you of promotional offers or to send you our brochures). If you do not wish to receive such approaches in the future, please inform us as soon as possible. NB: Telephone calls may be monitored for training purposes.
