Your Financial Protection - Solmar Villas

Your Financial Protection


Villa and Flight holidays

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. You will also receive an ATOL Certificate.

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 ATOL certificate, 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 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 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

All Bookings:

Financial Failure Insurance

For clients booking Accommodation only (holiday excluding Flights) we have arranged Financial protection for any monies paid to Solmar Villas. This means that you can rest assured that your money is in safe hands.

Full policy details are below:

Policy Document 

Solmar Villas value your customer and to ensure that you have peace of mind when booking with us we have ensured that your holiday is fully financially protected by taking out a Financial Failure Insurance in the unlikely event of Solmar Villas Ltd financially failing.

Our  Financial Failure Insurance cover has been arranged by:

ARRANGED BY: Rock Insurance Services Limited, 6 Magellan Terrace, Gatwick Road, Crawley, West Sussex RH10 9PJ who are authorized and regulated by the Financial Services Authority registration number 300317; via MGA Cover Services Limited, 27 Old Gloucester Street London WC1N 3AX who are authorized and regulated by the Financial Services Authority registration number 308377. Company number 08444204

UNDERWRITTEN BY: MAPFRE ASISTENCIA Compania Internacional de Seguros y Reaseguros Sociedad

Anonima. 5th Floor, Alpha House, 24a Lime Street, London EC3M 7HS Company number: FC021974. Branch Number BR008042. Trading under the name MAPFRE ASSISTANCE.

We (MAPFRE ASISTENCIA) are authorised by Direccion General de Seguros and subject to limited regulation by the Financial Services Authority. Details about the extent of our regulation by the Financial Services Authority are available from us on request.

MAPFRE ASISTENCIA, Compañía Internacional de Seguros y Reaseguros, S.A. branch in the United Kingdom (trading as MAPFRE ASSITANCE) has registered offices at 24a, Lime Street, London EC3M 7HS. MAPFRE ASISTENCIA main office is based in Spain which forms part of the EEA (European Economic Area) as a member state. The Kingdom of Spain is responsible for controlling the insurance activity of MAPFRE ASISTENCIA S.A., through the Spanish Ministry of Economy and the Treasury, and specifically the General Directorate for Insurance Matters and Pensions Fund (Dirección General de Seguros y Fondo de Pensiones). It’s Branch in the United Kingdom is also under the United Kingdom FSA (Financial Service Authority) supervision in certain situations according to the European Union Regulation. This policy is effected in England and is subject to the Laws of England and Wales.

POLICY SCHEDULE

Product: Financial Failure Cover for Tour Operators and/or Organisers Insurer(s): MAPFRE ASISTENCIA Compania Internacional de Seguros y Reaseguros  Sociedad Anonima. 5th Floor, Alpha House, 24a Lime Street, London EC3M 7HS.

Policy Holder: Solmar Villas Limited

Policy Number: RMGA/FFI/001101 2014
Period of Insurance: 00.00 hrs. 1st May 2014 to 23.59hrs 30th April 2015 GMT.

Financial Loss: To indemnify the Lead Name(s) in respect of their Net Ascertained Financial Loss sustained arising from the cancellation or curtailment of the declared trip travel arrangements arising solely from the event of the Insolvency of the Insured Policyholder

Sum Insured: Up to and not exceeding any one Person as per following categories:

Territorial Limits: World-wide

Premium: Defined as per your broker’s quotation for above categories.

FINANCIAL FAILURE INSURANCE POLICY

This Policy, the Schedule, Certificate and Proposal, shall be read together as one Contract and any word or

expression to which a specific meaning has been attached in any part of this Policy or Schedule shall bear such

specific meaning wherever it may appear.

Whereas the policyholder named in the Schedule hereto (hereinafter called "The Policyholder") has by a Proposal and

Declaration and/or any other statement in writing which shall form the basis of the Contract and be deemed to be

incorporated herein, applied to the Insurers named in the Schedule (hereinafter called "The Insurers") for the

Insurance hereinafter contained and has paid the premium as consideration for such Insurance.

Insurers agree to indemnify the Lead Name(s) subject to the terms and conditions contained herein or endorsed

hereon against their Net Ascertained Financial Loss (as defined) sustained or incurred during the Period of

Insurance arising solely from the Insolvency of the policyholder.

PROVIDED ALWAYS THAT:

Insurers liability shall in no case exceed the sum insured stated in the Schedule except in the event of curtailment of

the travel arrangements requiring repatriation to the original contracted destination in the United Kingdom. Only in this

event will insurers pay reasonable and necessary additional cost incurred by the Lead Name(s) in respect of the

same or similar standard of transportation as enjoyed prior to the curtailment of the travel arrangements.

WARRANTIES

It is warranted by the Policyholder as a term and condition of this Policy that at inception of this Insurance:

1 The Policyholder has truthfully declared all material facts, having diligently made all necessary

enquiries to establish those facts, likely to influence a prudent Underwriter in determining:

1.      whether or not to accept the risk

2.     the premium

3.     any conditions, exclusions and limitations.

2 .The Policyholder has no knowledge or information of matter, fact or circumstance which is likely

to give rise to a loss hereunder.

EXCLUSIONS

The Insurers shall not be liable in respect of any loss directly or indirectly caused by, consequent upon, contributed to, or resulting from any of the following:

1 Actual or threatened war invasion acts of foreign enemies hostilities or warlike operations (whether war be declared or not) civil war rebellion revolution insurrection civil commotion assuming the proportions of or amounting to an uprising military or usurped power martial law confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any Government or public or local authority 2 Civil commotion assuming the proportions of or amounting to a popular rising, riot, strikes, lockouts, martial law or the act of any lawfully constituted authority.

3 Any loss which at the time of the happening of such loss is insured or guaranteed by or would but for the existence of the Policy be insured or guaranteed by any other existing Policy, Policies or bond except in respect of any excess beyond the amount which would have been payable under such other Policy, policies or bond had this Insurance not been effected.

4 Any loss sustained by the Insured Person(s) where the Certificate of Insurance or evidence of coverage was effected after the date of Insolvency of the Insured Policyholder.

CONDITIONS

1.     If the Lead Name(s) shall make any claim knowing the same to be false or fraudulent, the Certificate(s) shall become null and void and all claims and premiums paid hereunder shall be forfeited.

2.     In the event of any happening likely to give rise to a claim the Lead Name(s) shall:

1.     Give immediate notification (but in no event later than 14 days) to Claims Department 21 Provost Street, London N1 7NH

2.     Make no admission of liability without the prior written consent of the Insurers.

3.     Prove the loss to the reasonable satisfaction of the Insurers.

4.     Assist in the assessment of any claim under this Policy by producing for inspection all books and documents and giving all information and explanations which are reasonably necessary to establish and assess indemnity hereunder.

5.     Any fraud, misrepresentation, mis-description or non-disclosure in any material particular either in the Proposal on which this Policy is based or in relation to any other matter affecting this Insurance shall render this Policy null and void and all claims hereunder shall be forfeited.

6.     If the premium in the Schedule is subject to adjustment, the Policyholder shall keep the record necessary to enable the premium to be adjusted on the basis specified in the Schedule and shall at all reasonable times permit the Insurers representatives to examine and verify such records. At the end of each period specified in the Schedule and at the expiry of this Policy the Policyholder shall declare to the Insurers such particulars for premium adjustment and pay any additional premium due.

7.     Insurers shall be entitled to take over and conduct claims in the name of the Policyholder or the Lead Name(s) but at its own expense, the defence of any claim or to prosecute for its own benefit, any claim for indemnity or damages.

8.     This Policy shall be governed by the Laws of England whose Courts shall have jurisdiction in any dispute arising hereunder.

DEFINITIONS

1. Lead Name(s)

The Person(s) having made a payment or on whose behalf a payment has been made to the Policyholder under, or with a view to entering into, a Travel Contract with the Policyholder for the provision of accommodation and/or carriage of that Person(s) and who is specifically named in the Certificate of Insurance.

2. Insolvency

1.     A petition has been presented to the Court for the compulsory winding up of the Policyholder.

2.     The Policyholder convenes a meeting of its Creditors informally or otherwise for the purpose of considering an arrangement with such Creditors pursuant to the provisions of Section 588 of the Companies Act 1985 (Insolvency Act 1986) or any statutory modification or re-enactment hereof.

3.     A Receiver is appointed over any of the property or assets of the Policyholder;

4.     The Policyholder stops payment of its debts or is unable to pay its debts within the meaning of Section 518 of the companies Act 1985 or ceases to carry on its business as a result of being unable to pay its debts as they fall due.

5.     3 Net Ascertained Financial Loss

6.     a Loss of Deposit(s) or charge(s) paid in advance by the Lead Name(s) to the Policyholder.

7.     b Additional costs reasonably and necessarily incurred following curtailment of the travel arrangements to enable the Lead Name to:

i)                    continue with and complete the scheduled journey or travel arrangements. The policy indemnity in respect

CERTIFICATE OF INSURANCE

The person(s) named on the Confirmation and Deposit Receipt will be indemnified subject to Policy and Conditions in respect of their Net Ascertained Financial Loss sustained arising from cancellation or curtailment of their travel arrangements due to the Insolvency of the Policyholder.

This Insurance will indemnify the Lead Name(s) in respect of:

1 Loss of deposit(s) or charge(s) paid in advance by the Lead Name(s) to the Policyholder

or

2 Additional costs reasonably and necessarily incurred following curtailment of the travel arrangements to enable the Lead Name(s) to either:

a) Continue with and complete the Scheduled Travel Arrangements. Liability hereunder is limited to the additional cost incurred by the Lead Name(s) in securing accommodation of the same or similar standard as enjoyed prior to the curtailment of the travel arrangements.

or

b) Return to their original Contracted Destination in the United Kingdom. Liability hereunder limited to the additional cost incurred by the Lead Name(s) in respect of the same or similar standard of transportation as enjoyed prior to the curtailment of the travel arrangements.

CLAIMS PROCEDURE:

Any occurrence which may give rise to a claim should be advised within 14 days in the first instance by telephone on:

In order to deal promptly with any claim hereunder it is essential that you retain all bills, receipts and other documents relating to your travel arrangements.

This Certificate is only a summary of the protection provided.

Cancellation

Written confirmation of the cancellation of the policy may be given at any time by you or by the Insurers. The Insurers will give you a minimum of 14 days’ notice of cancellation to enable you to find alternative cover. You may cancel the policy by giving the Insurers written instructions.

Cooling off Period

Before you accept this policy you have 14 days to review your policy wording. If you are not totally happy with this policy and you have not made a claim you can write to the Insurers or whoever arranged cover for you requesting that your insurance is cancelled and that any monies paid be returned. The Insurers will then cancel your insurance.

Data Protection

We will need to obtain personal information from you.

This means any information obtained from you in connection with a service or product provided to you by us (or our subsidiaries). Information is collected lawfully and in accordance with the Data Protection Act 1998.

We will use your personal data in the following circumstances:

• to confirm, update and improve our customer records

• to identify and market products and services that may be of interest to you

• to analyse and develop our relationship with you

• to help in processing any applications you may make.

• to manage and administer your Policy, including underwriting and claims handling. This may include disclosing it to other insurers, regulatory authorities or to our agents who provide services on your behalf.

• for the carrying out studies of statistics and claim rates,

• for the analysis and the prevention of fraud;

• for the analysis and the prevention of payment defaults,

• for statistical studies by us and/or any sectorial organisation in Europe.

You hereby expressly waive the requirement to be notified when your data is transferred by us.

The personal information you give to us and the information about your use of the services may be used by us or other companies in our group to tell you by letter, telephone or e-mail about other products or services that may interest you.

We will only disclose your personal information to Third Parties if:

• It is necessary for the performance of your agreement with us; or

• If you have given your consent; or

• If such disclosure is required or permitted by law.

You may tell us that you do not wish to receive information from us and our group companies about other services or products or any third party services or products. If you would prefer not to receive this information please write to Customer Service Department, 27 Old Gloucester Street London WC1N 3AX.

Some of the personal information required from you may be sensitive information (such as information about health or criminal convictions) about you. We will not use sensitive information about you except for the specific purpose for which you provide it and to provide the services described in the Policy. You must ensure that you only provide sensitive information about other people with their agreement.

To assist with fraud prevention and detection we may:

• share information about you across our group, with other insurers and, where we are entitled to do so under the Data Protection Act, the police and other law enforcement agencies

• pass your details to a central insurance application and claims checking system, whereby it may be checked against information held by that central insurance application and claims checking system and shared with other insurers

• check your details with fraud prevention agencies and, if you give us false or inaccurate information and we suspect fraud, we will record this with the fraud prevention agency and other organisations may also use and search these records to:

a) Help make decisions about credit and credit related services for you and members of your household

b) Help make decisions on motor, household, credit, life and other insurance proposals and claims for you and members of your household

c) Trace debtors, recover debt, prevent fraud and to manage your insurance policies

d) Check your identity to prevent money laundering, unless you furnish us with other satisfactory proof of identity

e) Undertake credit searches and additional fraud searches.

You are entitled on payment of a fee to receive a copy of the personal information we hold about you. This will be information that you have given us during your Policy. We do not hold any information relating to your credit status. If you would like a copy of your information, please write to us at Customer Service Department, 27 Old Gloucester Street London WC1N 3AX.

We are hereby released from any liability for any Claim if you refuse disclosure of the data to a third party, which in turn prevents us from providing cover under this Policy.

You agree we will store the Personal Data according to the European Council regulation storing such data only in the countries approved by the European Council as homologate countries with the European Union Regulation in Data Protection.

If you travel outside the EEA countries, you agreed that in case of need your data may be transferred outside the EEA countries exclusively for the fulfilment of our obligations under this policy in order to provide to you with the provision requested and may be shared with our providers of services in the country where you are travelling.

Complaints Procedure

If you have any complaint you can contact whoever arranged the insurance for you. If your problem isn’t resolved you may contact the Insurers at MAPFRE ASISTENCIA Compania Internacional de Seguros y Reaseguros Sociedad Anonima, 2nd Floor, Maitland House, Warrior Square, Southend-on-Sea, SS1 2JY.

The Insurers will contact you within 14 days of receiving your complaint to inform you of what action they are taking.

The Insurers will try to resolve the problem and give you an answer within four weeks. If it will take the Insurers longer than four weeks the Insurers will tell you when you can expect an answer.

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