Terms & Conditions - Solmar Villas

Booking Terms and 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. We act in the following capacities: as a principal accommodation provider, or as an agent to help you to arrange individual accommodation products with the supplier of your chosen accommodation (‘the Supplier(s)’). Our obligations to you may vary depending upon which arrangements you book with us, and we have tried to set them out below as clearly as possible. We will be acting as principal in all bookings made for a Solmar Villas Exclusive villas. Car Hire, transfers, and where the villa is not advertised as part of our exclusive range and is available on a "request" basis you to enter into a contract with the Supplier of the property. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The Supplier’s Terms & Conditions will apply to your booking and if the differ to ours we will provide you with a copy and advise you to read these carefully as they do contain important information about your booking. The supplier name will be disclosed on your invoice.

(2) Your Financial Protection

Many of the flights and flight-inclusive holidays on this website are financially protected by the ATOL scheme. But ATOL protection does not apply to all holiday and travel services listed on this website. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then the booking will not be ATOL protected. If you do receive an ATOL Certificate but all the parts of your trip are not listed on it, those parts will not be ATOL protected. Please see our booking conditions for information, or for more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate

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.

When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong

We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). 

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme. For further information visit the ATOL website. 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% (dependent on the accommodation) of the total cost, plus any insurance premiums. The balance of the price of your travel arrangements must be paid 12 weeks before your departure date (dependent on the accommodation). Balance reminders will be sent to the email address you gave at the time of booking (please check your junk/spam folders), however it is your responsibility to pay on time. 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 = 1.27 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.

Security Deposits

Acidental damage cover is automatically included in with your booking This is to cover accidental damage that may occur in you accommodation during your holiday, up to the value of £100.00 per incident. (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, Special Voucher Deals (such as Groupon, KGB etc) and young group bookings (where average age is under 25) may be subject to an additional damage deposit payable prior to departure.

Occupancy levels

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) Accuracy

We endeavour to ensure that all the information and prices in brochures and on our website are accurate; distances are calculated using information provided by the owners/agents, however occasionally changes may occur without our knowledge such as shop and restaurant closures, road closures etc. and errors occur and we reserve the right to correct prices and other details in such circumstances. Where your decision to book relates to a specific location or facility you should contact us to check the details relating to the arrangements that you wish to book before your booking is confirmed.

(5) 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 than 7 days either side of the original date this will normally incur a full loss of funds paid as outlined in the table below. 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.

(6) 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 cancelation charges up to the maximum shown in clause 7.

Note: - If the reason for your cancelation is covered under the terms of your insurance policy, you may be able to reclaim these charges.

(7) 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, we will offer you an equivalent alternative, if an alternative isn't available you can have a refund of all monies paid for the changed element. 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.  We will offer you an equivalent alternative, if an alternative isn't available you can have a refund of all monies paid for the changed element. If it is necessary to cancel your travel arrangements, we will pay to you compensation as set out in this clause. You will be offered an alternative have the choice of either accepting the change of arrangements, accepting an offer of alternative travel arrangements from us or cancelling your booked holiday and receiving a full refund of all monies paid for the cancelled element. 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

NIL

Deposit only

Deposit only

55-43 days

£10.00

100% of holiday cost +£10.00

50% of holiday cost

42-29 days

£20.00

100% of holiday cost +£20.00

70% of holiday cost

28-15 days

£25.00

100% of holiday cost +£25.00

90% of holiday cost

14 days 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.

(8) 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 completing out online Complaint Form. Please keep your complaint 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.

(9) 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 CEDR Solve.

The scheme provides for a simple and inexpensive method of Arbitration on documents alone with restricted liability on you in respect of costs.

Claims under the Scheme cannot be made for more than a total of £25,000, limited to £5,000 per person. Where a claim for personal injury is made the limit on the amount claimed is £1,500 per person. 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.

(10) 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 or available to download online 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.

(11) 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.

(12) 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.

(13) Important information regarding changes to UK driving license.

The paper part of the UK Driving Licence will no longer be issued. This will not impact clients renting outside of the UK & Ireland these clients will simply be required to show the photo card part of the licence.

Clients renting in the UK and Ireland will be required to download a code from the DVLA not before 21 days prior to the pick-up time. For further information from the DVLA, please click on the lick below to be guided for customers picking up from the UK, along with supporting information. https://www.gov.uk/government/news/driving-licence-changes 

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