Booking Terms & Conditions
YOUR CONTRACT IS WITH Solmar Villas Ltd. a member of ABTA.
(1) Your Holiday Contract
When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. A contract will exist as soon as we issue our confirmation invoice. When booking online, you will automatically receive a Holiday Itinerary Confirmation, this is NOT confirmation of your holiday, you will receive another email within 24 hours which will state Confirmation Invoice. We do not advise you book flights etc. until you have received your confirmation Invoice. This contract is made on the terms of these booking conditions which are governed by English Law and we both agree to submit to the jurisdiction of the English, Scottish, Northern Irish and Welsh Courts at all times. Where flights, car hire, transfers and extras are booked, the suppliers terms and conditions may also apply. The Lead passenger must be 18 years or over.
(2) Your Financial Protection
The Package Travel, Package Holidays and Package Tours Regulations 1992 require us to provide security for the monies that you pay for the holidays which include flights booked from this website and for your repatriation in the event of our insolvency. When you book a holiday with us that includes the flights through us you will receive a COnfirmation Invoice confirming your arrangements and your protection under our ATOL (Air Travel Organisers Licence number) 10334. The price of our air holiday packages 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. In the unlikely event of our insolvency, the CAA will ensure that you are not stranded abroad and will arrange to refund any money you have paid to us for an advanced booking. ATOL Protection extends primarily to customers who book and pay in the United Kingdom. If we, or the suppliers identified on your ATOLcertificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or 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 outof 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 under the ATOL scheme. For further information visit the ATOL website If you book arrangements other than a package holiday from this website, the financial protection referred to above does not apply.
In addition to this, we are a member of ABTA, membership number W1485. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also 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 here: ABTA Arbitration
(3) Your Holiday Price
When you make your booking you must pay a deposit of between 10-25% (dependant on the accommodation) of the total cost, plus any insurance premiums. The balance of the price of your travel arrangements must be paid at least 2-8 weeks before your departure date (dependant on the accommodation). If the deposit and/or balance is not paid in time, we shall cancel your travel arrangements. If the balance is not paid in time we shall retain your deposit. All money you pay to a travel agent is held by him on our behalf at all times. You travel arrangements have been calculated at a rate of: GBP £1.00 = 1.15 Euros. 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.
The price of your travel arrangements is subject to surcharges for increases in transportation costs such as fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator or organiser. Also government action such as increases in VAT or any other Government imposed increases and currency changes in relation to an adverse currency exchange rate variation will result in surcharges being added to your final holiday cost. Even in this case, we will absorb an amount to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges.
Only amounts in excess of this 2% will be surcharged, where you have to pay a surcharge there will be an administration charge of £1.00 per person together with an amount to cover agents' commission. If this means that you have to pay more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive full refund of all monies paid, except for any premium paid to us for holiday insurance and any amendment charges. 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.
A non-refundable charge of £4 per person will be added to your invoice. This is to cover accidental damage that may occur in you accommodation during your holiday, up to the value of £100.00 per person. (Except some accommodation where a refundable deposit will be payable locally and refunded prior to departure). Please note that the breakage charge does not cover you for willful and negligent behaviour. If the cost of accidental damage exceeds £100 per incident, the deposit amount, or damage is caused by negligence or intention, a charge will be made locally or an invoice will be sent to you on your return to the UK. If you choose to opt out of the Damage cover and no damage deposit is collected locally, we reserve the right to charge the card details held in the booking file for any loss or damage caused to or in the property during your stay and as reported to us on the day of departure by our house managers. There must be at least one adult (18 or over) attending the holiday. Same sex group bookings, or young group bookings may be subject to an additional damage deposit payable prior to departure.
Please note that your holiday contract is valid for the passengers listed on your confirmation invoice. The villa is only available for use by the people listed on the confirmation Invoice. Exceeding the standard number of occupants using the villa for any period of time without written agreement from Solmar Villas Ltd. will result in an over occupancy penalty charge of up to £5000.00.
(4) If You Change Your Booking
If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, for example your accommodation, we will do our utmost to make these changes but it may not always be possible. If the change request is made less than 6 months before departure and involves moving the departure date more then 7 days either side of the original date this will normally incur a full loss of the deposit paid. The price of any alternative accommodation will be based on the audit price at the date of the original booking. Any request for changes to be made must be in writing from the person who made the booking or your travel agent. You will be asked to pay an administration charge of £15.00 and any further cost we incur in making this alteration. You should be aware that these costs could increase the closer to the departure date that changes are made, so you should contact us as soon as possible.
Note: - Certain travel arrangements (e.g. Apex Tickets) cannot be changed after a reservation has been made and any alteration request will incur a 100% cancelation charge. This includes all low cost flights.
(5) If You Cancel Your Holiday
You, or any member of your party, may cancel your travel arrangements at any time. Written notification from the person who made the booking or your travel agent on your behalf must be received at our offices. Since we incur costs in canceling your travel arrangements, you will have to pay the applicable cancelation charges up to the maximum shown in clause 6.
Note: - If the reason for your cancelation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
(6) If We Change or Cancel Your Holiday
It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 8 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If we are unable to provide the booked travel arrangements, you can either have a refund of all monies paid or accept an offer of alternative travel arrangements of comparable standard from us, if available. If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause.
Please note that carriers such as Airlines used in your holiday may be subject to change. Such a change is deemed to be a minor change. Other examples of minor changes include alteration of your outward or return flights by less than 12 hours, changes to aircraft type, change of accommodation to another of the same standard.
If we make a major change to your holiday, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements from us if available or canceling your booked holiday and receiving a full refund of all monies paid. In all cases, except where the major change arises due to reasons of force majeure, we will pay compensation as detailed below:
IF WE MAKE A MAJOR CHANGE TO YOUR HOLIDAY
IF WE CANCEL YOUR HOLIDAY
IF YOU CANCEL YOUR HOLIDAY
Period before departure within which notice of Cancelation or major change is received by us or notified to you.
Amount you will receive from us
Amount of cancelation charge
More than 56 days
More than 55-43 days
100% of holiday cost +£10.00
50% of holiday cost
More than 42-29 days
100% of holiday cost +£20.00
70% of holiday cost
More than 28-15 days
100% of holiday cost +£25.00
90% of holiday cost
More than 14 or less
100% of holiday cost +£30.00
100% of holiday cost
Force Majeure: - This means that we will not pay you compensation if we have to cancel or change your travel arrangements in any way because of war, riot, industrial dispute, terrorist activity, natural or nuclear disaster, fire, adverse weather conditions or other unforeseen circumstances that may amount to force majeure.
(7) If You Have A Complaint
In the unlikely event you should have a problem on your holiday, it is a condition of booking with us that you must report it to our local Villa Representative and/or the supplier of the service(s) in question. If you are unable to contact them you should contact Solmar Villas Ltd. office in the UK. If this is done verbally then confirmation in writing should be received as soon after as possible.
All our suppliers and representatives must be given the opportunity to resolve any issues brought to our attention and allowances be made by you for any local conditions regarding the reasonable amount of time taken to rectify the problem.
Claims for compensation will only be considered where it is proven that any reported problem had a prolonged or major impact on the enjoyment of the holiday booked. It is not acceptable to make a serious complaint on return from your holiday when we are not made aware of your concerns. Therefore it is imperative that if you have a complaint you contact your representative, local agents or Solmar Villas in the UK.
If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at 12a Faraday Court, First Avenue, Centrum 100, Burton Upon Trent, Staffordshire, DE14 2WX giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you.
If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
Compensation in relation to extras and supplements such as pool heating etc. is limited to the invoice price of the product only. Where given free as part of a promotion full air conditioning is valued at £120.00 per week.
(8) What Happens To Complaints
It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes to do with this contract that cannot be settled amicably, you may (if you wish) be referred to Arbitration under a special scheme which, is arranged by the Association of British Travel Agents, but is administered quite independently by the Chartered Institute of Arbitrators.
The scheme 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 any amount greater than £1,500 per person or £7,500 per booking form. Also it does not apply to claims which relate to physical injury or illness . If you choose to proceed to Arbitration under this scheme, you must send a written notice of your decision to ABTA within 18 months after your scheduled date of return.
Full details of the scheme are available from the Association of British Travel Agents at 68-71 Newman Street, London W1P 4AH.
(9) Our Liability to You
(i) We accept responsibility for ensuring that your travel arrangements, which you book with us, are supplied as described in this website. If any part of your travel arrangements are not provided as promised, we will pay you appropriate compensation if this has affected the enjoyment of your travel arrangements. We accept responsibility for the acts and/or omissions of our employees, agents and suppliers except where they lead to death, injury or illness. Our liability in all cases shall be limited to a maximum of twice the costs of your travel arrangements.
(ii) We accept responsibility for death, injury or illness caused by the negligent acts and/or omissions of our employees or agents, our suppliers and sub-contractors, whilst acting within the scope of, or in the course of their employment in the provision of your travel arrangements. We will accordingly pay to you such damages as might have been awarded in such circumstances under English Law.
(iii) In respect of travel by air, sea and rail, and the provision of accommodation our liability will be limited in the manner provided by the relevant international convention. You can ask for copies of these international conventions from our offices. (Tel: 01283 505 710)
(iiii) We accept responsibility to provide the lead passenger with holiday documentation prior to travel. This may be by post or email and will be sent to the contact details provided at the point of booking unless specified otherwise. It is the clients responsibility to then check all the information provided is correct prior to travel.
(10) Personal Injury Unconnected With Your Booked Travel arrangements
If you, or any member of your party, suffer death, illness or injury whilst overseas arising out of an activity which does not form part of your package travel arrangements or an excursion arranged through us, we shall at our discretion, offer advice, guidance and assistance. Where legal action is contemplated and you want our assistance, you must obtain our written consent prior to commencement of proceedings. Our consent will be given subject to you undertaking to assign any costs, benefits received under any relevant insurance policy to ourselves. We limit the cost of our assistance to you or any member of your party to £5,000.
(11) Conditions of Carriage
The Contractual terms of the companies that provide the transportation for your travel arrangements will apply to this contract. These may contain terms which affect your rights to compensation. You may ask for copies of the relevant conditions of carriage from our offices.
This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements. Please note that in accordance with Air Navigation Orders in order to qualify for infant status, a child must be under 2 years of age on the date the return flight.