Booking Terms & Conditions
YOUR CONTRACT IS WITH John S Tayler & Maria Tayler t/a: Solmar Villas, 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. 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.
If you had not had opportunity to view these terms and conditions when you made your booking and you are not happy to proceed with the booking now that you have seen them please return all documentation to us or to your travel agent, within 7 days of receiving these booking conditions. Your booking will be cancelled and your monies will be returned in full excluding flight deposits, provided you have not commenced with your travel.
(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. We provide this security by way of a bond held by the Civil Aviation Authority under ATOL number 5291. ATOL Protection extends primarily to customers who book and pay in the United Kingdom. |
 |
| In addition to this, we are also 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 http://www.abta.com/heretohelp.shtml |
 |
(3) Your Holiday Price
When you make your booking you must pay a deposit of 20% of the total cost, plus any insurance premiums. The balance of the price of your travel arrangements must be paid at least 8 weeks before your departure date. 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. For bookings made prior to 20/03/08, the price of your travel arrangements has been calculated using an exchange rate of: GBP£1.00 = 1.45 Euros. Bookings made after this date have been calculated at a rate of: GBP£1.00 = 1.3 Euros
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.
No 'Damage Deposit' or 'Breakage Charge' is made prior to departure unless stated otherwise, however, we reserve the right to charge for any loss or damage casued to or in the property during your stay and as reported to us on the day of departure by our house managers.
(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 chosen departure date or accommodation, we will do our utmost to make these changes but it may not always be possible. 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% cancellation charge.
(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 cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in clause 6.
Note:
If the reason for your cancellation 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 cancelling 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 Cancellation or major change is received by us or notified to you. | |||
| More than 56 days | NIL | Deposit only | Deposit only |
| More than 55-43 days | £10.00 | 100% of holiday cost +£10.00 | 50% of holiday cost |
| More than 42-29 days | £20.00 | 100% of holiday cost +£20.00 | 70% of holiday cost |
| More than 28-15 days | £25.00 | 100% of holiday cost +£25.00 | 90% of holiday cost |
| More than 14 or less | £30.00 | 100% of holiday cost +£30.00 | 100% of holiday cost |
| Post departure | £50.00 | N/A | N/A |
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
If you have a problem during your holiday, please inform the relevant supplier (e.g. your villa manager) and our resort representative immediately who will endeavour to put things right. 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 29 Fourlands Avenue, Sutton Coldfield, West Midlands, B72 1YN 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.
It is strongly suggested that you communicate any complaint to the supplier of the services in question as well as to our representative without delay and complete a report form whilst in resort.
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.
(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 9 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: 0121 384 3649)
(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.