The following conditions with any other written information provided before confirmation for the basis of the contractual agreement between Holiday Club Staycation (Wholesale) we and our or us and the Tour organiser name on the group quotation document as well as the first named person on the booking and all persons on whose the booking is added or transferred (You and Your). Please read them carefully before commitment as they set out our respective rights, obligations and expectations.
When making your booking we will arrange for you to enter into a contract with the provider of the hotel, ferry, attraction or ticketed event.
Your booking with us is subject to both these booking conditions of the relevant suppliers and you are advised to read both carefully prior to booking. By signing the quotation or contractual document you are accepting both our booking conditions and the individual suppliers terms and conditions.
By making a booking you agree that you have read and accepted the terms and conditions and you have the authority to and agreed to be bound by all of them on behalf of all parties using and selling the arrangements which will be components of the booking.
No other terms and conditions, information or advice given orally will form part of the contract. No variation on these terms shall be effective unless made in writing and signed by both parties.
We endeavour to ensure the accuracy of all the information and prices in our advertising material, however occasionally changes and errors do arise and we reserve the right to correct them in such circumstances.
You must check the current price and all other information relating to the arrangements that you wish to book before the booking is confirmed.
We will endeavour to pass on as much information known to us when changes or loss of facilities or any such building work is known but cannot be held responsible if we are not aware as a company because of non communication by the supplier.
BOOKING AND PAYMENT
Our booking procedure can also be found on our website www.holidayclubstaycation.co.uk
Telephone the reservations department, fill in an e mail enquiry form or send us an e mail. Alternatively make an appointment with one of our sales team.
If the accommodation, ticket or attraction you require is on allocation you will be advised immediately, if any elements of your request is not we will have to check availability and obtain the best possible price available. We will need to wait for their reply before issuing a quotation. We will endeavour to get back to you the same day but will depend on the speed of response from the supplier.
After checking the details you will be required to sign and return the appropriate quotation. If any elements of the booking require a holding deposit you will be advised at time of quotation.
Subject to availability and that the signed form is received in good time before the provisional hold is returned to the supplier a booking confirmation of booking will be issued
A pro forma invoice will be issued 8 weeks in advance of your departure date unless otherwise stated at time of booking. The provisional rooming list will be required along with payment at 4 weeks prior to travel. Where possible additional passengers to those included on the provisional rooming list will be have to be requested before confirmation to the client. Holiday Club Staycation accept no liability if additional rooms are sold without having been requested and agreed in writing from the moment the rooming list is received at 4 weeks. If additional persons can be accommodated a further invoice reflecting any changes will be issued
With each final tour confirmation we will provide a travel pack which will contain any relevant ticket documentation, a emergency contact number and relevant hotel details such as check in time, parking facilities etc.
Where possible the coach driver will be accommodated free of charge based on a minimum of 30 persons, however on occasions when the hotelier or supplier will not offer complimentary accommodation or tickets the cost will be built into the per person price and quotation still showing free driver place.
You should sign the group quotation and return to us within the time frame specified as failure to do so could result in accommodation already having being released and if so any guarantee on price quotation removed.
A binding contract between you and the individual suppliers of the service making up the full booking request will come into existence as soon as we have issued your tour confirmation.
Upon receipt if you believe that any details of the confirmation are wrong or missing you should advised us immediately. We will not accept liability for any matter arising as a result of such error or omission. If you fail to do so any correction further down the line may incur an administration fee.
Alteration or cancellation of the booking by you once a confirmation of booking has been issued will be subject to the charges outlined in the if you change or cancel your booking section below.
If you fail to pay all and any amounts due in full and on time your booking may be treated as cancelled by you and you will be liable for the suppliers cancellation charges in paragraph and or alternatively (at our option) a set charge of £25.00 to cover our administration costs.
Any special requests must be advised to us at the time of booking. You should then confirm your requests in writing. Whilst every effort will be made by us to try and arrange your reasonable special request with suppliers we cannot guarantee that they will be fulfilled and hold no responsibility to enforce. The fact that the special request has been noted on your confirmation invoice or any other documentation or that has been passed to the supplier is not confirmation that the request will be met and is not a breach of contract if we cannot fulfil the request.
No bookings will be accepted that are conditional upon any special requests being met and you must not make any verbal of written assurances to your prospective clients that the special request will be complied with.
DISABILTIES AND MEDICAL ISSUES
If any member of the travelling party has any medical issues or disability which may affect the chosen arrangements please provide us with full details before we confirm your booking so that we can try to advise you as to their suitability.
If we are unable to properly accommodate the needs of any passenger we will not confirm your booking and/or if you did not give us full details at time of booking we will treat the booking as cancelled by you when we become aware of these details.
Our role is as a booking intermediary between you and the relevant supplier. We do not own or operate such services and as between you and the relevant suppliers, their standard conditions of contract apply to your contract as well as these terms. These terms and conditions may limit and/or exclude the suppliers liability to you, Copies of these conditions are available on request from us.
In so far as the arrangements you sell or provide to passengers/consumers constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992 (The regulations) You are the organiser and the other party to the contract of that package and it is your responsibility to ensure full compliance with the regulations including the provision of arrangements for the financial protection of monies paid by consumers for a booking. For all arrangements we arrange on your behalf which you sell or provide to passengers/customers, the passenger/ customers enters into a direct contract with you for those arrangements.
We are not a party to that contract and the passenger/consumer has no contractual relationship with us. You must represent anything to the contrary to your passengers/customers.
The parties hereby exclude any rights that any other party may have in relation to this agreement under the contract rights of third parties act 1999.
The prices quoted shown on our website and if relevant in any other supplementary promotional material are subject to change without notice. The price of arrangements will be confirmed on the booking quotation.
All prices are based on a minimum of 30 paying persons unless otherwise specified in the group quotation.
If you proceed with the booking with fewer than the specified number of paying passengers the cost per person may increase although we will do our best to negotiate with suppliers to retain the original price. However on some occasions this may affect the free driver place as this would have been based on the original number and therefore may required additional payment.
The cost per person may increase in which case if you insist on proceeding the additional charges will be met by you.
Our suppliers do reserve the right to levy surcharges to reflect government legislation, ie increased taxes/suppliers changes at any time prior to receipt of your full payment except where we have given a no surcharge guarantee.
CANCELLATION BY YOU
In the event of a cancellation the suppliers cancellation charges will apply. The cancelation charges you will have to pay will be calculated from the date we receive written notification of your cancellation and the cancellation charge detailed is calculated on the basis of total cost payable by the person/s cancelling excluding insurance premiums and amendment charges which are not refundable in the event of the person/s to whom they apply cancelling. All notifications of cancellations must be in writing and shall only take effect on the date they are received by us out our offices.
The cancellation deadline is between four to six weeks prior to departure unless otherwise stated in the group quotation. It is not our responsibility to remind you of this deadline date although we will endeavour to make the courtesy call.
Where cancellation of a hotel space is stated 4-6 weeks other terms and conditions may apply to attractions or event tickets booked and full payment may be charged regardless of cancellation date. This will be specified clearly on any booking quotation/confirmation and information supplied at time of booking request.
If we receive any cancellations before this deadline on behalf of suppliers we shall be entitled to retain any deposits paid or due at the dates of cancellation. (At our discretion we may agree to transfer funds then held as part payment for a future booking as long as made in the same calendar year. This will be subject to deduction of administrative costs of £10.00 per booking.
If your cancellation is received on or after the cancellation deadline on behalf of suppliers we reserve the right to retain all deposits paid for due at that time and further you will be liable for all charge losses and administrative costs we incur or which are imposed on us by any of our suppliers. No refunds will be given for passengers not travelling or for unused services.
AMENDMENT BY YOU
We will use all reasonable endeavours to liaise with the suppliers making up your booking in order to facilitate any changes you may request to your booking if you replace any part of your booking by more expensive arrangements you will have to pay the difference but other than that there will not usually be any charge for amendments, however we do reserve the right in our absolute discretion to levy an amendment fee to cover our administration costs or any other costs imposed by our suppliers. Any such charges will be made clear to you before changes are made.
CANCELLATION OR AMENDMENT BY US
Because we act purely as a booking intermediary between you and the hotels or attractions companies we have no power to prevent amendment or cancellation by one or more of such suppliers. We therefore reserve the right to amend or cancel part or all of your arrangements at any time in case we will do what we reasonably can to assist you but without cost to ourselves but owe you no other liability whatsoever (Including paying the cost of any alternative services you may book as a result.
At our discretion we will use reasonable endeavours to provide a suitable alternative and/or replacement or equivalent standard.
Whilst we have chosen our suppliers using reasonable care because we act as a booking intermediary between you and the suppliers of the services making up your booking we hae no control over them and so are unable to accept liability for any defect in those services nor for any damage, loss or injury whatsoever which may be incurred by any persons as a result of such defect or situation arising out of or in connection with such services or for any act or omission of the supplier of the services, we will though offer assistance in accordance with the complaints procedure set out within the terms and conditions document.
Specifically we will not be responsible or pay any form of compensation to you for services which do not form part of our agreement or where they are not advertised by us.
For any damage loss or expense or other sum/s of any description which on the basis of the information given to us by you concerning your arrangements prior to them being confirmed we could not have forseen you would suffer or incur if we breached our contract with you or that relate to any business.
Any compensation that is payable will be calculated taking into consideration all relevant factors for example but not limited to –
Whether or not the complaints procedure as described in these conditions have been followed it is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier/s strictly in accordance with the complaints procedure set out in these conditions.
The extent to which ours or our employees or suppliers negligence affected the overall enjoyment of the arrangements.
When making any payment we are entitled to deduct any money which you have received or are entitled to receive from any hotel or attraction or agency for the complaint or claim in question.
Please note that where any payment is made the person/s receiving it and their parent of guardian if under 18 years must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves or our insurers with all assistance we may reasonably require.
We limit our responsibility to you in the following situations
Luggage or personal possessions and money. The maximum amount we will have to pay you in respect of any claim for loss of and/or damage to any luggage or personal possessions or money is an amount equivalent to the excess of your insurance policy which applies to this type of loss per person in total as you are assumed to have the adequate insurance in place to cover any losses of this kind.
Claims falling under international conventions. In the event that we are found liable in relation to any hotel or attraction or tickets or the acts of omissions of any supplier in any respect or on any basis whatsoever the maximum amount of compensation we will have to pay you will be limited to the maximum amount the accommodation or other supplier would have to pay you in accordance with the applicable international convention or regulation/s
Please note that where a hotelier or other supplier would not be obliged to make any payment to you under the applicable international regulation in respect of a claim or part of a claim we similarly are not obliged to make any payment to you for that claim or part of the claim. When making any payment we are entitled to deduct any money which you have received or are due to receive from the accommodation or any other supplier for the complaint of claim in question.
Claims not falling under the above and which don’t involve injury, illness or death. The maximum amount we will have to pay you in respect of all claims not falling under the above. These claims is twice the price paid by or on behalf of the person/s affected in total. This maximum amount will only be payable where everything has gone wrong and no benefit at all has been received from your arrangements.
We do not exclude or limit any liability for fraud or fraudulent representation or death or personal injury which arises as a result of our negligence or that of our employees whilst acting in the course of their employment.
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier/s of the service/s in question could not even with all due care forsee or avoid. These events could include but are not limited to war, threat of war, civil strife, terrorist activity, rioting or the threat of such activity not the act of government or other national or local authority including natural or nuclear disaster, fire, chemical or biological disaster and adverse weather or contagious diseases or any other similar event outside our or the supplier/s concerned control.
COMPLIMENTS & COMPLAINTS PROCEDURE
Any complaints arising out of any arrangements must be reported to the relevant local supplier . You must make all efforts to resolve the complaint with the supplier concerned if the problem cannot be resolved locally you must call our office or emergency help line (Details of which are supplied with the travel pack and leave a contact name and telephone number. We will then try to assist.
If the problem is not resolved to your satisfaction and you feel that you have a valid complaint against Holiday Club Staycation you must let us have full details in writing within 14 days of returning from the hotel, tour, event or attraction. We will then use all reasonable endeavours to resolve any complaint which concerns services provided to us.
We will not accept any liability for any claims or complaints if you have not acted in accordance with this clause.
If in our opinion or in the opinion of any person in authority your behaviour is causing or is likely to cause distress, danger, damage or annoyance to any third party or property or to cause delay or diversion we and or the supplier reserve the right to terminate the arrangements in question immediately. In the event of such termination our responsibilities to you will cease and you will be required to leave the service immediately.
We will have no further obligation to you and will not meet any expenses, costs or losses incurred as a result. You may also be required to pay for loss and/or damage caused directly to the applicable supplier prior to departure from the service. If you fail to do so you will be responsible for meeting any claims and costs subsequently made against us as a result.
OBLIGATIONS AND PROHIBITIONS
In making a booking with us you agree to the following
Enter into a direct contract with your customer in relation to arrangements booked via us to state your name on all publicity material and documents issued by you that feature these arrangements.
You will ensure that such contract incorporates a set of booking conditions which clearly set out a contract between you (As principal to that contract) and the purchaser of any arrangements and you will create and dispatch contractual documentation in such as manner as to ensure that it is clear to the purchaser of arrangements that the contract is between you (as principal to that contract) and the purchaser of those arrangements.
Also to comply with all relevant laws and regulations including the package travel regulations 1992 or subsequent legislation enacted pursuant to the directive of the laws of the land and of the council on package travel and assisted travel arrangements amending regulation ec No2006/2004 Directive 2011/83/eu and repealing Council directive 90/314eec (The Ptr’s) The consumer protection from unfair trading Regulations 2007, Data protection act 1998, The modern slavery act 2015 and of any other Trade body of which partner are at any time a member of insofar as they affect your activities.
Ensure that you have adequate arrangements in place for financially protecting customer forward payments for the booking for the avoidance of doubt you must arrange your own appropriate and adequate financial protection for any arrangements you sell which amount to a “package”
You must ensure that all marketing initiatives, information and material relating to the arrangements placed on your websites, brochures or other means (Advertising material) is accurate, clear, complete, compliant and up to date and not make any representations verbally or in writing which are inconsistent with information given by us or the applicable supplier. You must ensure that the advertising material complies with the PTR’s, Data protection act and any other trade bodies or organisation.
You may not reproduce or display any literature or description issued by us without our express prior consent. If you do reproduce, display or use any description or literature derived from us and with our consent you must not alter it in anyway. Neither these terms or your booking shall be construed to be a licence for either party to use the trade names, trademarks, service marks or logos of the other party without prior written consentof such party,
Ensure that the consumer of any arrangements and all members of his/her party have to take out suitable and adequate personal travel insurance. (Including cover for cancellation charges plus any specialist insurance necessary.
Immediately advise us of any complaint by a customer in relation to the booking.
To keep us indemnified for the full amount of all claims, liabilities, demands, damages, costs (including legal costs), expenses , fines and other sums of whatever nature which we reasonably incur or become liable for as a result of your act/s and/oromission/s or those of the partners employees or sub-agents or any party to whom any arrangements shall be sold or otherwise supplied, committed in breach of and/or outside the scope of these terms and conditions or otherwise without authority.
IN MAKING A BOOKING WITH US YOU AGREE NOT TO
Hold yourself out as our agent in respect of the sales of the travel arrangements you provide to your customers.
Make any representation verbally or in writing to any customer or potential customer which are in addition or different to those provided by us unless otherwise authorised to do so by us in writing
Represent to the consumer that their arrangements will be protected by any scheme run by us for financially protecting their forward payments and arrangements.
LAW AND JURISDICTION
This contract and all matters arising out of or in connection with it is subject to English laws and to the exclusive jurisdiction of the Courts or England/ Wales or Scotland.