|Here are the conditions applicable to a booking - please read them carefully.
Please read these booking conditions carefully, since they, along with the other information in this brochure, set out the terms and conditions of the contract between us. Our obligations to you may vary depending upon whether what you book with us is a Package or a Non-Package, and our differing obligations are set out below, in three separate sections. Section A contains the conditions which will apply when you book a Package, and Section B those which will apply when you book a Non-Package. Section C contains the provisions which will apply to both Packages and Non-Packages. A Package exists if you book two or more different holiday components with us at the same time. We act as the booking agent for the suppliers of the component parts of the holidays we organise, and as such, bookings for their services will form a direct contract between you and the relevant supplier, and will be subject to that supplier's standard terms and conditions. However, although we act as an agent on behalf of these suppliers, where the booking made with or through us is for a Package,we voluntarily accept the legal liabilities imposed on "organisers" by the Package Travel, Package Holidays and Package Tours Regulations 1992. A Non-Package exists if you make a booking with us for a single holiday component, namely accommodation.
Section A - Package Bookings
1. Cancellation by Us
We reserve the right in any circumstances to cancel your holiday. However, this will not occur less than 8 weeks before the scheduled departure date except for reasons of force majeure or failure on your part to pay the balance. In circumstances where we are unable to provide the holiday booked, we will return to you all monies paid, or offer an alternative holiday of comparable standard. In addition, if appropriate, and if a cancellation occurs within 8 weeks before departure, we will pay compensation as detailed below. It will not, for example, be considered appropriate to award compensation if a cancellation arises from circumstances amounting to force majeure (see Important Note below).
2. Alterations by Us
It is unlikely that we will have to make any changes to your arrangements,but we do plan the arrangements many months in advance. Occasionally changes may have to be made and we reserve the right to do so at any time. Most of these (e.g. change of carrier or aircraft-type, alteration of flight-timings by less than 12 hours) are considered to be minor, and we will advise you or your travel agent at the earliest possible date. If a major change becomes necessary, we will inform you or your travel agent as soon as is reasonably possible if there is time before departure. A major change is one made before your departure that includes changing your airport(s) (except between Gatwick, Luton, Stansted and Heathrow), time of departure, date of departure or return by more than twelve hours or change of accommodation. When a major change occurs, you will have the choice of either:
a. accepting the change of arrangements;
b. purchasing another available holiday from us; or
c. cancelling your holiday and receiving a full refund of all monies paid, except for any amendment charges. In addition, if appropriate, we will pay compensation as detailed below. It will not, for example, be considered appropriate to award compensation if a major change arises from circumstances amounting to force majeure (see Important Note below).
|Period before departure within which a major change is notified to you or your travel agent
||Compensation per person (not including infants under 2 years on return date)
|More than 56 days
|43 - 56 days
|29 - 42 days
|15 - 28 days
|0 - 14 days
Our liability to you is limited to these compensation payments. We cannot accept responsibility for any extra charges or expenses you incur following a change.
Compensation will not be payable if we are forced to cancel, or in any way change, your arrangements due to war, threat of war, industrial dispute, riots, civil strife, political unrest, terrorist activity, natural or nuclear disasters, fire or adverse weather conditions, theft, epidemics, quarantine, medical or customs regulations, technical or administrative problems with transport, closure of airports, breakdowns with machinery and equipment, water shortages or other unusual and unforeseeable circumstances beyond our control which could not have been avoided.
3. Prices and Price Guarantee
We guarantee that the price of your holiday will not be subject to any surcharges except those resulting from variations in transportation costs,including the cost of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports or airports, or the exchange rates applied to the particular package. Even in this case, we will absorb an amount equivalent to 2% of the holiday price, which excludes any amendment charges. Only amounts in excess of this 2% will be surcharged together with an amount to cover agents' commission and 50p per person to cover administration costs. If this means paying in excess of 10% more than the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for amendment charges. Should you decide to cancel because of this, you must exercise your right to do so within 14 days from the issue date printed on the invoice. No surcharges will be applied within 30 days of your departure. In view of this financial risk we accept in making the guarantee we will not make any refund as a result of currency movements or reductions in costs. The holiday prices shown in this brochure are in sterling and are calculated on exchange rates on 29th June 2005: £1 = 1.39 Euros.
4. Transfers of Bookings
You may change your booking up to 30 days before departure by transferring it to another person if you are unavoidably prevented from travelling, and the transferee meets any conditions which may apply to the holiday. The right to transfer is subject to payment of an administration fee of £10 per person together with all additional charges of whatever sort imposed by suppliers providing the component parts of the holiday. You should note in particular that some airlines may charge a 100% cancellation fee and the cost of a replacement ticket. Requests for transfers must be in writing and signed by the person taking over the booking, who must agree to be bound by our booking conditions.
5. Flight Delays and Late Arrivals
In the event of a lengthy flight delay the airline will endeavour to ensure that clients are adequately refreshed, but we ourselves will not make any such provision.
6. Our Liability to You
a. Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them and to do so with reasonable skill and care. Standards of, for example, safety, hygiene and quality vary throughout the transport and destinations that your holiday may involve. Sometimes these standards will be lower than those which would be expected to be found in the UK. The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply (such as, for example, those of the Civil Aviation Authority), or, if there are no applicable local regulations, if they are reasonable when compared to the local standards and customs.
b. For claims which do not involve death or personal injury, we accept and will only have liability, subject to paragraph (4) below, should we or our suppliers fail to satisfy the obligations detailed in paragraph (1) above. If we have liability, we will, subject to paragraphs (5) and (6) below, pay you compensation. The maximum amount of compensation which we will pay you in any circumstance will be a refund of your holiday cost (excluding any amendment charges), a refund of any directly attributable expenses, and a daily sum of £48 per person. We will use the maximum sum to assess the appropriate sum due to you in the circumstances of your particular complaint. Any sums received by you from suppliers such as from airlines due to the Denied Boarding Regulations 1992 (in this case sums paid by the airline constitute the full amount of your entitlement to compensation for all matters flowing from the airline's actions) will be deducted from any sum paid to you as compensation by us.
c. For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept and will only have liability subject to paragraph (4) below should we or our suppliers fail to satisfy the obligations detailed in paragraph (1) above. If we have liability, we will, subject to paragraphs (5) and (6) below, pay you reasonable compensation.
d. We have liability in accordance with paragraphs (2) and (3) above and subject to paragraphs (5) and (6) below except where the cause of the failure to provide or failure in your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, because it is either attributable to you, or attributable to someone unconnected with your holiday and is unforeseeable or unavoidable, or is due to unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised, or an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
d. If any international convention applies to or governs the provision of any of the services or facilities included in your holiday, and you make a claim (whether for personal injury or non personal injury) arising out of loss or damage suffered during that holiday, the amount of compensation you will receive will be limited in accordance with and/or in an identical manner to the provisions of any relevant international convention. International conventions which may apply include the Warsaw Convention 1929 (including as amended by the Hague Protocol) the Berne Convention 1961, the Athens Convention 1974, the Geneva Convention 1973 and the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your holiday. If your baggage is lost, damaged or destroyed in any circumstance not subject to an international convention the maximum amount of compensation we will pay you will be £500. This sum will be assessed with reference particularly to your loss and the extent to which this has required you to purchase replacements.
e. If you choose to issue court proceedings in respect of a claim against us, you must do so within 2 years of your return from holiday or within 2 years of first discovering the matters giving rise to the claim, if this is later. If you do not, then our liability to you will be limited in all cases to a sum of £100.
f. You must, if we are adjudged to have, or if we accept, liability for a claim that you make, assign to us any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday or any death or personal injury you may suffer. You must also co-operate with us in any claim we choose to bring against any third party which we, in our discretion, deem to be so responsible.
g. Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
Section B - Non-Package Bookings
1. Transfer of Bookings
If, after your booking has been confirmed, you wish to transfer it to another person, we will make every effort to accommodate you, but cannot guarantee that such transfer will be possible.
2. Our Responsibility
We act only as the booking agent for our suppliers, and therefore accept no liability whatsoever for any death, personal injury, loss or damage of whatever kind, unless caused by our own negligence.
3. Changes or cancellations by the supplier
If an accommodation owner or hotel alters or cancels your booking, we will inform you as soon as possible but we have no liability to make any refunds or to pay any compensation. Any refunds or compensation will be solely at the discretion of the accommodation owner or hotel.
Section C - All Bookings
For packages, your contract is with Rapidrealm Ltd. (the Company), whose administrative offices are at Tuscany House, 10 Tonbridge Road, Maidstone, Kent ME16 8RP. For Non-Packages, your contract is with the relevant accommodation owner or hotel. When you make your booking you must complete a booking form, accepting on behalf of your party the terms of these Booking Conditions, and pay the relevant deposit as detailed in the paragraph entitled 'Payment' below at Section C. All monies paid to a travel agent are held by them on behalf of us.
2. Brochure Information
We have taken the greatest care to ensure the accuracy of all information contained in the brochure and website relating to any service advertised. However, we reserve the right to make changes to any of the facilities, services or prices contained in the brochure. We will, however, tell you of any changes before we enter into a contract with you. There are occasions where we have quoted local festival dates. However please note these can be subject to change and we accept no responsibility if the festival does not take place on a date we have quoted elsewhere in this brochure.
If the booking is made more than 56 days prior to departure, deposits are payable as follows:
a. 30% of the villa rental cost.
b. 100% of hotel costs
4. The Contract
A contract will exist either with us or with the supplier of the services concerned when we issue the confirmation. Upon receipt of any documentation please check it immediately and contact us straight away if anything is wrong since it may not always be possible to make changes at a later stage. The balance of the cost will be as shown on the confirmation invoice and must be paid 56 days prior to departure. If payment is not made by the due date we reserve the right to cancel the arrangements and the cancellation charges detailed in paragraph 6 will apply. Bookings made within 56 days of departure are deemed as late bookings. Full payment will be required immediately and once this has been received by us, the relevant booking conditions will apply.
5. Holiday Insurance
Travel insurance is a vital part of any holiday and we have negotiated with Citybond Suretravel a travel insurance policy underwritten by Europ Assistance. For further information and premiums telephone 0870 460 8945 and quote RA05.
6. Cancellation by You
You may cancel the arrangements, notifying us in writing via recorded delivery mail, at any time prior to departure. The following charges apply which are payable by you depending on the date we receive notice of the cancellation:
Up to 56 days before departure specified on the confirmation invoice, the requisite deposit(s) together with applicable payment for APEX or PEX flights, and any relevant cancellation charges made by other carriers.
a. Up to 56 days before departure specified on the confirmation invoice, the requisite deposit(s) together with applicable payment for APEX or PEX flights, and any relevant cancellation charges made by other carriers.
b. Between 55 and 14 days of departure a charge of 50% of the holiday cost and full payments of flights, and other charges as set out in 6a.
c. Less than 14 days prior to departure, the cancellation charge is 100%.
7. Alterations by You
If you wish to make any change to your holiday arrangements once they have been confirmed, we will do our best to accommodate you. Any change is subject to availability, and also to payment of an administration fee of £40 and any associated costs of the change imposed by our suppliers. You should note that airlines in particular may treat a change to a booking as a cancellation and new booking, and therefore charge a 100% cancellation fee. This is also likely to be the case if you wish to change holiday dates for villas.
8. Breakages Deposit
A security deposit is payable by you on arrival at any villa and payable to the keyholder or owner. This must be paid in cash and you should collect it before you depart from the accommodation. The amount of this deposit will be shown on the confirmation invoice. This deposit protects against accidental breakages, telephone, central heating and any other services which cost extra as detailed in the property description.
9. Care of Property
You are responsible for ensuring that any properties provided are left upon departure in the same condition of cleanliness and repair as upon arrival. Any loss or damage caused by your failure to respect the property, fixtures or fittings will be deductible by the owner from your breakages deposit.
10. Party Size
Property owners reserve the right to refuse admittance if the number of persons arriving exceeds the number on the booking form or the maximum sleeping places as detailed in the relevant brochure/website description. Where a property offers a price for varying numbers, empty bedrooms will be closed.
In the interests of hygiene we regret that our clients cannot bring animals to the properties. Guide dogs, however, are permitted.
12. Suppliers' Conditions/Conditions of Carriage
The suppliers of the component parts of your holiday will have their own booking conditions or conditions of carriage and you will be bound by these so far as the relevant supplier is concerned. Some of these conditions may limit or exclude liability on the part of the relevant supplier. Where relevant, copies of such conditions may be available for inspection at our offices or at the offices of the relevant supplier.
We would hope that you will not be dissatisfied with any aspect of your holiday. However, in the event that you are dissatisfied you must report the cause to the keyholder or owner of the villa and/or any other relevant supplier and our local representative to allow us the opportunity to rectify the problem. In the unlikely event that you are still not satisfied upon your return from holiday, you must write to us giving full details within 28 days. If you fail to notify us or the supplier of any dissatisfaction during your holiday we cannot accept liability for that complaint in retrospect. If you have a dispute with us which you are unable to resolve, you may call upon the low-cost AITO Independent Dispute Settlement Service (details on request). Claims which exceed £2,500 per person or £10,000 per booking form or claims which apply principally or exclusively in respect of (or as a consequence of) illness or physical injury are not admissible for settlement under the service.
13. Special Requests
Any requests made regarding your arrangements with us should be entered in the relevant space on the booking form when making the booking. These requests will be noted; however, we regret that we cannot under any circumstances guarantee a request will be met. For this reason we do not accept conditional bookings and a request does not form any part of the contract between us. If information is given over the telephone to you from our office, it is important to ascertain that this information is confirmed in writing and then shown on the confirmation invoice or in a letter from ourselves. Telephone conversations can sometimes be either misinterpreted or misunderstood, especially if via a third party. Therefore, we do not accept responsibility for merely verbal information. It is imperative that you advise us before booking if any member(s) of your party have a medical condition or disability. We may well need to undertake research into the suitability of your choice of holiday and need full information from you to help us do this.
14. Data Protection Policy
In order to process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we (and your travel agent) need to use the information you provide such as name, address and special needs/dietary requirements etc. We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass on the information to the relevant suppliers of your travel arrangements such as airlines, accommodation owners and transport companies etc. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as required by law. We will not pass on any information to persons not part of your travel arrangements. This applies to any sensitive information that you give us such as details of any disabilities or dietary/religious requirements. If we cannot pass this information to the relevant suppliers, we cannot provide your booking. In making this booking, you consent to this information being passed onto the relevant persons. Your data controller is Rapidrealm Ltd. Please note that where information is held by your travel agent, this is subject to your agent's own data protection policy. We will hold your information where collected by us, and may use it to inform you of offers in the future or to send you brochures. You are entitled to a copy of your information held by us. (We may make a small charge for providing this to you).
15. Fitness to Travel
If you are prevented from travelling on an aircraft because, in the opinion of any person in authority at the airport or on the aircraft (including, for example, the police, pilot or security personnel), you appear, by reason of intoxicating liquor or misuse of drugs, either unfit to travel or likely to cause discomfort or disturbance to other passengers, our responsibility for your journey or holiday including any return flight thereupon ceases. Full cancellation charges will apply and no refunds will be given. We also cannot accept responsibility for clients missing their flights or other transport due to late arrival of connecting aircraft or late check-in at the airport. Furthermore, we will be under no obligation whatsoever for compensation or costs you may incur in respect of or as a result of alternative arrangements you make. When you travel with the carrier, the conditions of carriage of the carrier apply. Some of these may limit or exclude liability. Please note that in accordance with Air Navigation Orders an infant is a child who is under 2 years of age on the date of the return flight.
Please note that we do not provide excursions. Our local representatives or suppliers may, at your request, make arrangements for excursions locally on your behalf. However, please note that if they do, the contract for the provision of the excursion will be between you and the supplier of the excursion and not between you and us. Therefore, when you purchase an excursion locally, whether or not through our representative, your contract is with the local company and we have no liability whatsoever for anything which may go wrong on the excursion.
17. Passports, Visas and Health
British citizens travelling to Italy require a full British passport which is valid for at least 6 months from the return date. No visa is currently required for travel and there are no mandatory health requirements. Non British citizens are advised to check with their embassy or consulate to obtain details of any relevant passport, visa, or health requirements.
18. Law and Jurisdiction
Your contract with us is governed by English Law and to the exclusive jurisdiction of the English Courts.