Solmar Villas Limited is a registered company in England and Wales. Registered number: 7174709. Registered office: 13, Faraday Court, First Avenue, Centrum 100, Burton on Trent, Staffordshire, DE14 2WX.
Contact details: Tel: 0800 799 9888 – Email: [email protected]
Where we refer to “You” in these booking terms and conditions, this means the person responsible for making the accommodation or holiday booking, otherwise referred to as the “lead party member”, all persons named on the booking (including anyone who is added or substituted at a later date) and any one of them, as applicable. The lead party member must be aged 18 years or over at the time of booking. The lead party member is responsible for the administration of, and correspondence in regard to, the booking and warrants that they have the authority to make the booking (and any amendments and/or cancellations) on behalf of all the persons named on the booking.
In making the booking, the lead party member is regarded as having read, understood and agreed to these booking conditions and the booking conditions of the relevant supplier/principal on behalf of themselves and everyone else on the booking. The lead party member shall also be liable for:
(i) the full payment of any deposits and balances;
(ii) the payment of any amendment fees or cancellation charges;
(iii) confirming the details of all the persons named in the booking to us;
(iv) passing on to all persons on the booking any and all information issued by us and/or the supplier/principal including, but not limited to, our booking documentation, supplier/principals’ confirmation invoices and documentation, and these booking conditions; and
(v) the conduct of the persons on the booking.
Where we refer to “We”, “Us” or “Our” in these booking terms and conditions, this means Solmar Villas Limited, 13 Faraday Court, First Avenue, Centrum 100, Burton on Trent, DE14 2WX.
Where we refer to the sale of accommodation-only where we are acting as an agent, we mean the sale of accommodation where you enter into a contract with the supplier/principal accommodation provider via our agency. We will have no liability for the provision of your accommodation arrangements. See the “Our Liability to You” section of these booking conditions below.
Where we refer to the sale of ancillary products acting as an agent, we mean the sale of products where you enter into a contract with the supplier/principal product provider via our agency. We will have no liability for the provision of such arrangements. See the “Our Liability to You” section of these booking conditions below.
Bookings made for accommodation only or for ancillary products where we act as an agent will not benefit from the rights applying to package holidays under the Package Travel and Linked Travel Arrangements Regulations 2018.
(1) Your Accommodation or Ancillary Product Contract
When you make an accommodation or ancillary product booking, you guarantee that you have the authority to accept, and do accept, on behalf of your party, these booking terms and conditions and the booking conditions of the relevant supplier/principal. A contract will exist between you and the relevant supplier principal:
a) when stated in their booking conditions (if different to our own booking conditions),
b) when cleared payment of the sum required in order to process the booking (deposit or full balance payment) has been received by us, and
c) when we and/or the supplier/principal have issued a booking receipt/confirmation invoice.
After making a booking on our website, you will automatically receive a Booking Request Confirmation. This is NOT a confirmation that your arrangements are confirmed. You will receive another email within 24-48 working hours (not including weekends/bank holidays), which will state “Confirmation Invoice”. Where accommodation-only is booked with us as an agent, you are advised not to book flights or other arrangements until you have received your Confirmation Invoice.
These booking terms and conditions are governed by English Law and both you and we agree to submit to the jurisdiction of the English/Welsh Courts at all times. The supplier/principal’s terms and conditions will also apply if different to our own. We will be acting as an agent of the supplier/principal in the sale of accommodation-only where the chosen villa is not described as “Exclusive” within our website description. Our responsibilities to you as an agent will be as set out in these booking terms and conditions. See also the “Our Liability to You” section of these booking conditions.
We reserve the right to refuse bookings in our absolute discretion. Where bookings are made via third parties (e.g. travel agents) and confirmed on our systems, we will have the right to cancel those bookings prior to sending a confirmation invoice. Any payments made to us prior to that stage will be refunded. Where age restriction requirements are not met, our delivery of a confirmation invoice where online bookings, or bookings via third parties, have been made by prospective customers in clear breach of those requirements (e.g. regarding the occupation of some villas by large groups, in certain destinations, at certain times of the year), will not prevent bookings from being cancelled once it is established that such a breach has occurred. We will have no liability to you or any third party in the event of cancellation in such circumstances.
(2) Travel Insurance
It is a condition of booking via our agency that you purchase a comprehensive travel insurance policy either before or as soon as your booking is confirmed. This insurance should, as a minimum, provide full Covid-19 cover, protect you for cancellation charges, curtailment/repatriation expenses, medical expenses (including for pre-existing medical conditions), loss/theft of personal possessions and documents, and personal liability. You shall be liable for any costs, damage, loss or other expense incurred by us arising from or in connection with your not taking out a comprehensive travel insurance policy at the time of booking.
(3) Special Requests
Any special requests must be advised to us at the time of booking. Whilst every effort will be made to meet any reasonable special requests, neither we nor the supplier/principal can guarantee that they will be fulfilled and any failure to meet a special request shall not be deemed as being a breach of the supplier/principal’s contract with you or a breach of our duty of care towards you. The fact that a special request has been noted on your confirmation invoice or any other documentation, or that it has been passed on to the supplier/principal, is not confirmation that the request will be met. We reserve the right to decline any booking that is conditional upon any special request being met.
(3.1) Disabilities and Medical Conditions
If you or any member of your booking has any specific medical condition, disability or reduced mobility which may affect your chosen arrangements then you should provide us with full details at the time of booking and before we and/or the supplier/principal issue a booking confirmation to you, so that we and/or the supplier/principal can advise as to the suitability or otherwise of the chosen arrangements. The lead name on the booking must also promptly update us of any changes that may occur after booking, but prior to departure. If we and/or the supplier/principal reasonably feel unable to properly accommodate the particular needs of the person concerned, we must reserve the right to inform you of this.
(3.2) Passport, Visa, Immigration and Health Requirements
It is your responsibility to check and comply with any travel, passport, visa, entry, health, vaccination, testing and immigration requirements applicable to your booking. Requirements change on a regular basis and you must therefore continually check and monitor the requirements up to your date of return, both in regard to the countries to which you are travelling to or through - and any requirements on your return to the UK. In addition to the relevant embassies and/or consulates, information can also be found on the following websites (correct at time of publication):
We do not accept any responsibility or liability if any member of your booking cannot travel because they have not complied with any travel, passport, visa, vaccination, testing or immigration requirements or are not in possession of necessary travel documentation (including, but not limited to, vaccination certificates, testing kits and any other required documentation).
Most countries now require passports to be valid for at least 6 months after your return date. If your passport is in its final year from date of issue, you should check with the embassy of the country you are visiting. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any such requirements.
(4) Your Financial Protection
If you do not receive an ATOL Certificate from the supplier/principal (e.g., for an accommodation-only booking) then the booking will not be ATOL-protected. If you do receive an ATOL Certificate but all parts of your trip are not listed on it, those parts that are not listed will not be ATOL-protected. For more information about financial protection and the ATOL Certificate go to: www.atol.org.uk/ATOLCertificate.
(5) The Price You Pay
When you make your booking, you must pay a deposit (by debit card, credit card or bank transfer), or, if the date of booking is within the number of weeks before departure when balance payments are due, the full price of the booked arrangements. Where a deposit is paid at the time of booking, the balance of the price of your arrangements must be paid either 12 weeks before your departure date or sooner, depending on the supplier/principal’s booking conditions. Balance reminders will be sent to the email address provided by you 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 on time, we reserve the right to cancel your booking as per our and/or the supplier/principal’s booking conditions and retain your deposit as a contribution towards the cancellation charges payable (see the “If You Cancel Your Booking” section of these booking conditions below).
(5.1) Accidental Damage Cover & Security Deposits
You have the option to purchase a damage waiver cover for £7.50 per person in your party (excluding infants). Payment of this supplement will cover accidental damage that may occur in your accommodation during your holiday, up to a value of £100 (one hundred pounds) per incident. Where the supplement has been paid and the value of any damage exceeds £100, we will require payment for the amount over and above the initial £100. Accidental damage cover does not cater for wilful, negligent conduct or charges made for additional cleaning made necessary by such conduct or as a result of accommodation being left in an unacceptably untidy or dirty condition.
Where you opt not to pay the security deposit waiver supplement, a security deposit of £500 (five hundred pounds) will be payable seven days prior to the start date of your booking. The deposit will be refunded, usually within 7 days but no later than twenty-eight days after your departure from the accommodation, less any charges reasonably payable to the accommodation supplier for damages, excessive cleaning or other costs. Where the value of any damage exceeds £500, we will reserve the right to require payment to the value over and above £100 per incident.
In some cases/destinations the accommodation supplier will require a higher security deposit to be paid. You will be informed if this is the case, and the amount payable, either at the time of booking if through our call centre, or within one week of booking if booked online. Again, the deposit will be collected seven days prior to the start date for your booking. There are a small number of accommodations where a refundable deposit will be payable locally and refunded prior to the end of your stay. This will be mentioned, if applicable, on our website description of the villa. We reserve the right to run a credit check against lead passengers in cases of damage reclaim.
(6) Villa Occupancy and Occupancy Levels
(6.1) Pets and Smoking
Pets and smoking are not permitted in any of our featured villas. Should evidence of pets or smoking be found during your stay, or on departure, a charge of £250 will be made.
We endeavour to ensure that all of the information and prices on our website are accurate. Distances are calculated using information provided by the supplier/principal. Occasionally, circumstances may change without our knowledge (e.g., shop and restaurant closures, road closures) and pricing errors do occur. We reserve the right to correct prices and other details in such circumstances. Where such corrections are made, you will have the right to cancel your booking with a full refund. No further compensation will be payable. Where your decision to book relates primarily to location or the availability of a specific facility/service, you should contact us to check the details relating to the availability of the chosen arrangements before your booking is confirmed. We reserve the right to correct prices and other details in any such circumstances and at any time (prior to a booking being confirmed). You should check the current price and all other details relating to the arrangements that you wish to book before making a booking. We will not be liable for booking errors which are attributable to you and, should you subsequently need to amend a booking that has been confirmed, amendment charges shall apply. If a price on our booking confirmation, website or promotional material is obviously incorrect, a booking made on the basis of that incorrect price will not be valid, and we will reserve the right to cancel the booking, unless you wish to pay the correct price.
(8) If You Change Your Booking
If, after our and/or the supplier/principal’s Confirmation Invoice/documentation have been issued, you wish to change your arrangements in any way (for example your chosen accommodation or booking commencement date), we and the supplier/principal will do our utmost to make these changes but it may not always be possible. Any requests for changes must be made by the lead party member in writing, or notified by your travel agent and the effective date will be upon receipt of such notification. We will not accept any instruction to either change or cancel bookings from any other member of your party. You should be aware that accommodation, travel and other costs may increase the closer to the booking commencement date that changes are made, so you should contact us as soon as possible.
Changes to your chosen accommodation or booking dates made less than 12 weeks before the originally booked commencement date will be classed as a cancellation and will incur a cancellation charge as outlined in the table below.
Changes to your chosen accommodation/arrangements made more than 12 weeks before the originally booked commencement date will incur an administration fee of £150.00 per change, plus any additional price difference. Where the replacement villa has a lower occupancy capacity than the original villa, there will be a deposit retention cancellation charge equal to the reduction in the number of bedrooms. (For example, where a 5-bedroom villa is originally booked with a deposit of £1000, and a change is made to a 3-bedroom villa, the deposit retention cancellation charge will equal £200 per bedroom = £400 deposit retained.) For non-“Exclusive” villas (as described on our website at the time of booking) if, more than 12 weeks before the originally booked commencement date, you wish to change the booking commencement date by more than 14 days, this will be classed as a cancellation and a loss of deposit will be charged. For “Exclusive” villas (as described on our website at the time of booking), if, more than 26 weeks before the originally booked commencement date, you wish to change the booking commencement date by more than 14 days and book the same villa or another in our “Exclusive” collection (as described on our website at the time of booking), this will be classed as an amendment and the standard amendment fee of £150 will be charged. Any departure date changes of more than 14 days, made to “Exclusive” villa bookings within 26 weeks of travel, will be classed as a cancellation and a loss of deposit will be charged.
Note: - Certain travel arrangements (e.g., Advance Passenger Excursion Fare (Apex) flight tickets) cannot be changed after a reservation has been made and any alteration will incur a 100% cancellation charge. This applies also to changes made to all “low-cost” scheduled flights.
(9) If You Cancel Your Booking
You, or any member of your party, may cancel your/their arrangements at any time. Written notification from the lead party member must be received at our offices before any cancellation will be processed and the effective date will be the date on which the notification is received. As we and the supplier/principal incur costs for cancelling arrangements, you are required to pay the applicable cancellation charges up to the maximum shown in the table below. Where any cancellation charge amounts to less than the deposit that has been paid, the full amount of the deposit will be retained.
If you cancel your booking and have benefited from one of our low deposit offers, you will be required to pay the cancellation charges as outlined below.
Note: - If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
IF YOU CANCEL YOUR ARRANGEMENTS
Period before departure within which notice of cancellation is received by us.
Amount of cancellation charge (% of total cost)
More than 83 days
(10) If We or The Supplier/Principal Change or Cancel Your Booking
It is unlikely that we or the supplier/principal will have to make any changes to your arrangements, but arrangements are planned many months in advance. Occasionally, changes will be necessary and they we and/or the supplier/principal 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 and/or the supplier/principal also reserve the right in some circumstances to cancel your arrangements. However, this will not happen less than 12 weeks before your departure date, except for reasons of force majeure or failure by you to pay the final balance. If it is not possible to provide the booked arrangements, you will be offered an equivalent alternative if available. If an equivalent alternative isn't available, you can have a refund of all monies paid for the changed arrangements, except in cases of force majeure where you will be offered a credit voucher. If it is necessary to cancel your arrangements for reasons other than force majeure, you will receive compensation as set out in this clause.
If a major change has to be made to your arrangements, we will inform you or your travel agent as soon as reasonably possible if there is time before your departure. You will be offered an alternative. If an alternative isn't available, you can have a refund of all monies paid for the changed arrangements, except in cases of force majeure where you will be offered a credit voucher.
IF A MAJOR CHANGE IS MADE TO YOUR ARRANGEMENTS
IF YOUR ARRANGEMENTS ARE
Period before departure within which cancellation or major change is notified to you.
Amount you will receive (% of price paid)
More than 83 days
Force Majeure: - Except where otherwise expressly stated in these booking conditions we and/or the supplier/principal will not be liable for any damage, loss, costs or other expenses incurred by you - or pay you compensation - where the performance or prompt performance of the contract is prevented, or affected by, or you otherwise suffer any damage, loss or expense of any nature, as a result of unavoidable and extraordinary events. Unavoidable and extraordinary events are events that neither we nor the supplier/principal in question could, even with all due care, foresee or avoid. Such events include, but are not limited to, war (whether actual or threatened), civil unrest, riot, strife, terrorist activity and/or its consequences or the threat of such activity, health risks, infectious disease, epidemics and pandemics and government measures to combat such outbreaks, riot, the act of any government or other national or local authority or the act of any airport, port or river authorities, unforeseeable technical problems with transport, airport, port or airspace closure restriction or congestion; flight or other travel restrictions imposed by any government, regulatory authority or other third party; industrial dispute, sanctions, lock closure, natural or nuclear disaster, fire, flood, adverse weather conditions, volcanic eruption, chemical or biological disaster, consequences of Brexit and all similar events outside our or the concerned supplier/principal’s control.
(11) If You Have a Complaint During the Holiday
In the unlikely event you should have a problem during your holiday, it is a condition of booking with us and the supplier/principal that you must report it, without delay, to our local villa representative and/or the supplier/principal’s staff or local agents. If you are unable to contact them you should contact our office in the UK (contact details are on the “Contact” page of our website). If this is done verbally then confirmation in writing (email) should be sent to us as soon after as possible. Complaints can also be notified online via our contact page, https://www.solmarvillas.com/contact-us. All supplier/principals and our representatives must be given the opportunity to resolve any issues brought to their attention and allowances must 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 problem was reported in accordance with this clause and had a prolonged or major impact on the enjoyment of the arrangements. It is not acceptable to make a complaint on return from your holiday when we and/or the supplier/principal have not been made aware of your concerns during the holiday itself. It is therefore imperative that if you have a complaint, you contact your representative, the supplier/principal or our staff in the UK without delay.
If your complaint is not resolved locally, please follow this up within 28 days of your return home by completing our online Complaint Form. Please keep your complaint concise and to the point. This will assist us and the supplier/principal in quickly identifying your concerns and speed up the response to the complaint. If you fail to follow this simple procedure, we and the supplier/principal will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may extinguish or reduce any entitlement to compensation.
Compensation in relation to extras and supplements such as pool heating etc. is limited to the invoice price of the product only. Any refunds will be calculated accordingly.
(11.1) What Happens to Complaints After the Holiday
It is unlikely that you will have a complaint that cannot be settled amicably. However, for disputes relating to our agency responsibilities that cannot be settled, you may, if you wish, refer a claim to Arbitration under a special scheme which has been arranged by the Association of British Travel Agents, but is administered quite independently by Hunt ADR. 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, or £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 request to ABTA within 18 months of your scheduled date of return. Full details of the scheme are available from the Association of British Travel Agents - https://www.abta.com/help-and-complaints/customer-support/resolving-disputes.
(12) Our Liability to You
Where we act as an agent in the sale of accommodation arrangements or in the sale of ancillary products (e.g., resort transfers, car hire) that do not form part of a package holiday, your contract will be with the supplier of such services and we will have no liability for the provision of the booked arrangements and no liability for the acts or omissions of the supplier/principal or for the services provided by that supplier/principal, their servants or agents. If the supplier/principal’s terms and conditions of booking are different to our own, we will notify you at the time of booking. Where complaints/claims are notified to us in relation to arrangements booked with us in our role as agent, our responsibility will be limited to notifying such claims to the supplier/principal on your behalf. No compensation will be considered unless in relation to errors on our part in relation to our administration of your booking. The availability of accommodation on our website does not guarantee that it complies with UK or local health and safety standards/legislation.
In all circumstances you should during your holiday maintain the same level of diligence and care as you would at home with regard to your personal safety. Services and/or activities contracted by you with local (or other) suppliers directly are outside the scope of our and the supplier/principal’s liability to you and we will not be liable in the event that you are found to have put yourself at risk, been negligent, been under the influence of alcohol or any other substances, or otherwise behaved in an inappropriate or reckless manner.
Some services within, or in the vicinity of, your accommodation may not be provided directly by the supplier/principal and, as such, neither we nor the supplier/principal will be liable for the provision of such services (e.g., water sports, sunbeds, vendors, beach massages etc.)
Neither we nor the supplier/principal will have any liability for the criminal acts of local suppliers, the supplier/principal’s sub-contractors, their employees, sub-contractors or agents.
(14) Warning Violation Notice / Eviction Notice
We are delighted that the majority of our customers respect the villas they are staying in, the neighbours who surround them and the local laws of the country they are holidaying in. As such, you are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our or the supplier/principal’s reasonable opinion or in the reasonable opinion of any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any third party (including being threatening or abusive, upsetting, annoying or disturbing any other traveller, our staff, the supplier/principal’s staff or agents or putting any of them in danger) or damage to property, we reserve the right to consider your booking to have been cancelled by you with immediate effect.
In this event our and/or the supplier/principal’s liability to you will cease and you and the people on your booking will be required to leave your accommodation or other service immediately. Neither we nor the supplier/principal will have any further obligations to you and/or the people on your booking and will not be liable for any damage, loss, refunds expenses, or other costs incurred by you as a result, including, but not limited to, any return travel arrangements, the costs of cleaning, repairing or replacing property lost, damaged or destroyed by you and compensating any staff or agents affected by your actions.
If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation owner or supplier/principal concerned for the cost of the damage before the end of your stay (if the cost has been established by then) or as soon as it has been established (if later). You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation owner, supplier/principal or any third party as a result. We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking or with us.
(15) Violation and Eviction Notice Procedure
If we or the supplier/principal receive a complaint regarding the conduct of you or any member of your party, this will be investigated in the first instance. If, in our or the supplier/principal’s considered opinion, the complaint has foundation, the following will occur:
1) Where appropriate, a Violation Warning Notice detailing the complaint, date and time will be issued requesting the cessation of the conduct complained of and confirming that eviction may result should it not happen.
2) If we or the supplier/principal are forced to attend the property for a second time or, the complaint/behaviour is serious enough to warrant an immediate eviction, an Eviction Notice will be issued, which will have the effect of terminating the contract.
Where eviction and the termination of the contract occurs, neither we nor the supplier/principal will have any responsibility/liability for any costs incurred by you and/or any member of your party as a result.
We both acknowledge the ongoing COVID-19 global crisis and accept our obligations to comply with any official guidance from governments or local authorities, both in the UK and whilst in destination. Neither we nor the supplier/principal will have any liability to you or any member of your party for any compensation, costs, expenses or other losses (including where applicable the cost of medical treatment) incurred should you or they be unable to travel due to either contracting Covid-19, being expected to isolate/quarantine due to either having contracted Covid-19 or come into close contact with someone who has, or any other Covid-19 related circumstances.
Neither we nor the supplier/principal will have any liability to you or any member of your party should you or they contract Covid-19 during the holiday and have to isolate/quarantine, attend or spend time in hospital, or not be able to return from holiday on the booked date for any other Covid-19-related reason. Where extended stays in resort are necessary, neither we nor accommodation supplier/principal will be under any duty to extend the booked arrangements.
You are reminded that it is a condition of booking with us and the supplier/principal that you and your party are adequately insured, to include, but not limited to, cover for not being able to travel as a result of falling ill from, or being required to isolate due to, Covid-19 and cover for any losses incurred as a result of falling ill from Covid-19 during the holiday.
For further information regarding travelling during Coronavirus, please refer to ABTA’s information page, which is regularly updated: https://www.abta.com/tips-and-advice/travelling-during-coronavirus.
These booking conditions may be varied by us at any time and at our sole discretion. Any new booking conditions will be published on our website and will have immediate effect.
Publication date: August 2022