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Booking Conditions

0: Preamble

Please read the following Booking Conditions together with the information given in ‘About the Properties’ carefully: on confirming a booking with us, you are deemed to have accepted these conditions.

SECTION A: APPLICABLE TO ALL BOOKINGS

NB: Please refer to SECTION B for further information regarding the terms applicable to ACCOMMODATION-ONLY BOOKINGS and SECTION C for additional legal rights and obligations applicable to PACKAGE BOOKINGS.

1. Our Terms

These are the terms and conditions which (together with our Privacy Statement and, any other written information we brought to your attention before we confirmed your booking) govern your booking with Casas Cantabricas.The terms and conditions are split into three separate sections and the sections that will apply to your booking depend on what you have booked with us, as follows:

(a)       Section A: will apply to all bookings made with us;

(b)       Section B: will apply, along with Section A, if you have made a booking of a villa or other accommodation-only arrangement with us. For all accommodation-only bookings we act as an agent on behalf of the third-party supplier of the accommodation (the “Supplier/Principal”), and your contract for the accommodation you have booked is with that Supplier/Principal; 

(c)       Section C: will apply, along with Section A, if you have booked a package holiday with us (as defined fully at clause 23). Where you book a package holiday your contract will be with us. 

2. Information about us and how to contact us

We are Casas Cantabricas, of 31 Arbury Road, Cambridge, CB4 2JB, UK (“we” “us” and “our”). When we refer to “you” or “your” in these terms we are referring to all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.

You can contact us by telephone at 00 44 (0)1223 328721 or by writing to us at the trading address above or by email to [email protected].

If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.

3. Making a booking

When you make a booking with us, the first named person on the booking (the “Lead Name”) agrees on behalf of all persons named on the booking that he/she:

(a)       has read these terms and has the authority to and does agree to be bound by them;

(b)       consents to our use of personal data in accordance with our Privacy Policy and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);

(c)       is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;

(d) accepts financial responsibility for payment of the booking on behalf of all persons named on the booking.

4. Checking your Documents and your Details

It is your responsibility to check the booking confirmation, and any other documents we send you, carefully and to let us know immediately in the event of any error or inaccuracy, as it may not be possible to make changes later. Please ensure that the names on the booking confirmation exactly match the names as spelt in your passport (including all middle names) and that all dates and timings listed on your documents are correct.

5. Travel Insurance

Many Supplier/Principals require you to take out travel insurance as a condition of your contract with them and, where you have booked a package holiday, it is a condition of your contract with us that you take out suitable travel insurance. Your travel insurance must cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses, as well as ensuring you have cover for any activities you have booked, including additional cover for skiing/extreme sports/adventure travel and all other activities you have booked.

If you choose to travel without adequate insurance cover, neither we nor the Supplier/Principal will be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.

6. Travel Advice

For up-to-date travel advice from the UK Foreign Office, visit www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk.

You are responsible for making yourself aware of Foreign Commonwealth and Development Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. We recommend that you consult the above websites before booking in order to make an informed decision about your chosen destination, and again before departure. Advice from the Foreign Office to avoid or leave a particular country may constitute Events Beyond Our Control (see clause 11).

7. Fitness to Travel and Medical Conditions

We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical condition or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can advise you on the suitability of your chosen travel arrangements. 

Acting reasonably, if we (where you have booked a package holiday) or the Supplier/Principal (where you have booked accommodation only) is unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking either on our or the Supplier/Principal’s behalf or, if you did not give us full details at the time of booking, we or the Supplier/Principal may cancel the booking and impose applicable cancellation charges, when we become aware of these details.

8. Special Requests

Any special requests must be advised to us at the time of booking e.g. diet, room location or a particular facility at a hotel etc. You should then confirm your requests in writing. We will pass your request on to our supplier (where you have booked a package holiday) or to your Supplier/Principal (where you have booked accommodation only) but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other information or that it has been passed on to our supplier or the Supplier/Principal is not confirmation that the request will be met. We also strongly advise that you re-iterate your special requirements to on arrival.

9. Insolvency Protection

We provide insolvency protection to protect the monies that you pay to us for your booking in the event of our insolvency, as follows:

If you have booked a Package Holiday (as per Section C of these Terms and Conditions):

The Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked with us.

We provide full financial protection for package holidays not including flights by way of a bond with the Association of Bonded Travel Organisers Trust Limited (ABTOT) (Membership No. 5253). ABTOT 117 Houndsditch, London, EC3A 7BT, 020 7065 5311, 01702 811397 (24/7 helpline).

In the event of Casas Cantabricas’ insolvency, protection is provided for non-flight packages commencing in and returning to the UK and other non-flight packages excluding pre-arranged travel to and from your destination.  Please note that packages booked outside the UK are only protected when purchased directly with Casas Cantabricas. In the above circumstances, if you have not yet travelled you may claim a refund, or if you have already travelled, you may claim repatriation to the starting point of your non-flight package.

If you have made an Accommodation-Only booking (as per Section B of these Terms and Conditions):

Without limiting our agency status, we also provide insolvency protection for accommodation-only bookings by way of our bond with the Association of Bonded Travel Organisers Trust Limited (whose contact details are above).

10. Visa, Passport and Health Requirements

It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change, and you must check the up-to-date position in good time before departure.

We do not accept any responsibility if you cannot travel or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. 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 passport, visa, immigration requirements or health formalities.

11. Events Beyond Our Control

Except where otherwise expressly stated in these terms we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond Our Control”. For the purposes of these terms, Events Beyond Our Control means any event beyond our or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport and all similar events outside our or the supplier(s) concerned’s control.

Brexit Implications: please note that certain Travel Arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.

Covid-19 Implications and Precautions: you acknowledge that the suppliers providing your booked travel arrangements, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This may include but not be limited to specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of your chosen travel arrangements and all measures will be taken with the purpose of securing your safety and those around you.

12. Your Behaviour

You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our (where you have booked a package holiday) or the Supplier/Principal’s (where you have booked accommodation only) opinion or in the 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 other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we or the Supplier/Principal reserves the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to us or the Supplier/Principal prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.

We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.

13. Law and Jurisdiction

These terms are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable). 

SECTION B: ACCOMMODATION ONLY BOOKINGS

WHERE YOU HAVE BOOKED ACCOMMODATION ONLY, PLEASE READ THE ADDITIONAL TERMS IN THIS SECTION B, IN CONJUNCTION WITH SECTION A.

14. Our Agency Status

We act only as an agent in respect of all accommodation-only bookings we take and/or make on your behalf.

This means that your contract will be with the Supplier/Principal and not with us. We are not responsible to you for the provision of the accommodation booking, this responsibility lies with the Supplier/Principal. You will know when we’re acting as agent, as you will have booked an accommodation-only arrangement with us and we will include a statement confirming our agency status on the booking confirmation.

15. Your contract

Where you make a booking of accommodation only with us we will arrange for you to enter into a contract with the Supplier/Principal of the accommodation, as specified on your confirmation invoice.

Your booking is subject to these terms and conditions and, where applicable, the specific terms and conditions of the relevant Supplier/Principal you contract with. Where the Supplier/Principal has its own terms and conditions, they will make these available to you. Otherwise copies of applicable conditions are available on request from us.

16. Making an Accommodation-Only Booking

In order to book your accommodation, you must pay a 30% deposit or full payment if booking within 10 weeks of departure (or such amount and at such timeframes as are otherwise requested by the Supplier/Principal; if the requirements of a specific Supplier/Principal differ to those set out here, we will inform you prior to booking).

Your booking is confirmed and a contract between you and the Supplier/Principal will exist when we send you a booking confirmation on the Supplier/Principal’s behalf.

If you have paid a deposit, you must pay the full balance by the balance due date notified to you (which will normally be 10 weeks prior to the start of your accommodation booking). If full payment is not received by the balance due date, we will inform the Supplier/Principal(s) who may cancel your booking and charge the applicable cancellation fees (as set out in the Supplier/Principal’s terms and conditions and included at clause 19 of these terms), and you will also be required to pay an administration charge to us of £25 per person.

Except where otherwise advised or stated in the terms and conditions of the Supplier/Principal concerned, all monies you pay to us for Travel Arrangements will be held on behalf of the Supplier/Principal concerned.

Coronavirus – special payment terms for 2021 bookings only

For 2021 bookings confirmed prior to May 31st 2021 – in order to book your chosen Travel Arrangements, we will accept a reduced deposit of 15% (half of our standard 30%) and the balance (or full payment) will be due 5 weeks (rather than our standard 10 weeks) prior to departure (or as otherwise requested by the Supplier/Principal).

*NB: for Premier properties a 30% deposit will be required as per our standard terms but the balance due date will be shortened to 5 weeks prior to your holiday start.

17. The Price of your Accommodation-Only Booking

We reserve the right to amend advertised prices at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Once a contract comes into existence, the price will not change except as set out below. Accommodation prices will not change after confirmation. The price of other services may be subject to increase in accordance with the Supplier/Principal's terms. We will advise you as soon as possible if we are notified of any increase.

Special note: changes and errors sometimes occur. You must check the price of your chosen accommodation at the time of booking.

18. If You wish to make Changes to your Accommodation-Only Booking

If, after the booking confirmation has been issued, you wish to change your accommodation booking in any way, we will do our utmost to assist you in making these changes but it may not always be possible. Any request for changes must be made in writing by the Lead Name to [email protected].

Changes can only be accepted in accordance with the terms and conditions of the Supplier/Principal of the accommodation and the Supplier/Principal may impose the amendment charges shown in their terms and conditions and request any cost increase incurred by the Supplier/Principal as a result of the change.

You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. Note: Certain accommodation bookings may not be changeable after a reservation has been made and any alteration request could incur a cancellation charge of up to 100%.

In addition to the Supplier/Principal’s charges for changes to services, you must also pay us an administration fee of £25 per change for dealing with your amendment.

19. If you wish to Cancel your Accommodation-Only Booking

You, or any member of your party, may cancel your accommodation booking at any time. Written notification from the Lead Name must be made to [email protected] and will take effect at the time we receive it.

Cancellations can only be accepted in accordance with the terms and conditions of the Supplier/Principal of your accommodation booking. The Supplier/Principal may impose the cancellation charges shown in their terms and conditions (which may be as much as 100% of the cost of the Travel Arrangements and will normally increase closer to the date of departure).

In addition to the Supplier/Principal’s charges for cancelling your booking, you must also pay us an administration fee of £25 per cancellation, for dealing with your cancellation request.

Generally, most Supplier/Principals will impose the following cancellation charges:

Period before departure cancellation is made

Cancellation charge (forfeit) as a % of total booking price*

Less than 36 days

100%

36 – 70 days

50% (or deposit paid where special COVID conditions apply - see section 16).

More than 70 days

Deposit paid

However, if a Supplier/Principal’s cancellation charges policy differs from the above you will be informed at the time of booking.

20. Changes to and Cancellations of Accommodation-Only Bookings by the Supplier/Principal

We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change to your confirmed accommodation booking or to cancel it.

Where this happens, the Supplier/Principal and we (in our capacity as the agent) will endeavour to offer the same property at a different time acceptable to you or an alternative property of a comparable standard.

Where the Supplier/Principal is able to do so, you will usually have the choice of:

(a)        Accepting the alternative dates or property with your paying or receiving a refund in respect of any price difference;

(b)        Cancelling your booking and receiving a full and immediate refund of any monies paid to us by you for it.

The Supplier/Principal will provide a full refund if alternative holiday dates or a suitable alternative property acceptable to you cannot be offered.

21. Complaints or Problems during your Accommodation-Only Booking

As the contract for your accommodation-only booking is between you and the Supplier/Principal, any queries or concerns about your accommodation booking should be addressed to them in the first instance.

If you have a problem with your accommodation whilst you are there, this must be reported to the Supplier/Principal immediately. If this is not possible or does not resolve the issue, then you should phone our local representative or agent as soon as possible on (00 34) 881240033. If you cannot contact our local representative/agent within a reasonable time, or if the response of that person or the relevant Supplier/Principal is not satisfactory, then telephone our UK office 00 44 (0)1223 328721. Any assistance that we are able to provide will be provided in our capacity as agent on behalf of the Supplier/Principal.

If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you. If you remain unsatisfied, you can inform us, via [email protected] or 00 44 (0)1223 328721 as soon as possible and, in any event, within 28 days of your return to the UK whereby we will endeavour to assist in our capacity as an agent by liaising with the Supplier/Principal on your behalf.

If any dispute arises between you and Casas Cantabricas relating to our obligations as set out in these terms or otherwise in relation to our service as a booking agent (as opposed to the obligations of any Supplier/Principal) which we cannot resolve with you may refer the matter to a court of law or we can also offer you access to the AITO (Association of Independent Tour Operators) arbitration scheme for the resolution of disputes.

22. Our Responsibility for your Accommodation-Only Booking

Your contract for your accommodation booking is with the Supplier/Principal and its terms and conditions apply. As agent, we accept no responsibility for the act(s) or default(s) of Supplier/Principals or for the performance or non-performance of their contractual obligations. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the accommodation that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.

SECTION C: PACKAGE HOLIDAY BOOKINGS

WHERE YOU HAVE BOOKED A PACKAGE HOLIDAY, PLEASE READ THE ADDITIONAL TERMS IN THIS SECTION C, IN CONJUNCTION WITH SECTION A.

23. Definition of a Package Holiday

Where your booking is for a package holiday, as defined in this clause, your contract will be with Casas Cantabricas, we will be the “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section C of these terms.

A package holiday exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday, which is organised by us:

(a)        transport;

(b)        accommodation;

(c)        rental of cars, motor vehicles or motorcycles (in certain circumstances);

(d)        any other tourist service not intrinsically part of one of the above travel services,

provided that those travel services are purchased together from a single visit to our website and selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term. For illustrative purposes only, the package holidays that we sell will usually consist of both accommodation and either car hire or ferry transport.  

Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Multi-Contract Package where the tourist services:

(a)         do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; 

(b)         are selected and purchased after the performance of the transport, accommodation or car rental has started.

These bookings will be treated as ‘single component’ bookings and will be dealt with under the terms set out in Section B of these terms.

24. Booking a Package Holiday

In order to make a booking with us, you must pay a deposit of 30% at the time of booking or full payment if booking within 10 weeks of departure*. For some package holidays, a higher deposit will be payable or it may be necessary to make full payment at the time of booking notwithstanding the information provided here, we will inform you where this is the case before you make your booking.

Our acceptance of your booking will take place when we send you a booking confirmation that will confirm the details of your booking, at which point a contract will come into existence between you and us, governed by Sections A and C of these terms.

If we are unable to accept your booking, we will inform you of this in writing and will not charge you. If you have already made payment, we will refund this to you. This might be because the holiday is no longer available or because we have identified an error in the price or description of the holiday.

If you have paid a deposit, the balance of the cost of your holiday is payable not less than 10 weeks before your date of departure*, unless you are informed otherwise at the time of booking. If you fail to pay the balance by the due date, we are entitled to assume that you wish to cancel your holiday and we shall retain the deposit paid as the applicable cancellation charge in accordance with clause 30.

*Coronavirus – special payment terms for 2021 early bookings only

 

For 2021 package bookings confirmed prior to May 31st 2021 – in order to book your chosen Travel Arrangements, we will accept a reduced deposit of 15% (half of our standard 30%) and the balance (or full payment) will be due 5 weeks (rather than our standard 10 weeks) prior to departure.

25. Our Responsibility for your Package Holiday

25.1 We are responsible to you for the proper provision of the Package holiday.

We will accept responsibility for your holiday as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out in this clause 25. This means that we are responsible for the proper provision of the travel services included in your holiday, as set out in the booking confirmation. Subject to these terms, if we or any of the suppliers we have engaged to provide the travel services making up your holiday, negligently provide those travel services and we don’t remedy or resolve your complaint within a reasonable period of time, and this affects the enjoyment of your holiday, you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in your holiday. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these terms and the extent to which ours or our employees’ or the supplier’s negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or the suppliers have been negligent if you wish to make a claim against us.

25.2 What we will not be responsible for.

We will not be responsible for any injury, illness, death, loss (including loss of possessions or enjoyment), damage, expense, cost or other sum or claim of any nature whatsoever which results from: 

(a) the act(s) and/or omission(s) of the person(s) affected;

(b) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable; 

(c) Events Beyond Our Control (as defined in clause 11);

(d) any services that do not form part of our contract. This includes, for example, any additional services or facilities that your hotel, cruise provider or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or on our website as forming part of your holiday and we have not agreed to arrange them as part of our contract, and any excursion/activities you purchase while away;

(e) any damage, loss, expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not reasonably have foreseen you would suffer or incur if we breached our contract with you, or which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any expenses or losses that relate to or arise from any business (including without limitation, self-employed loss of earnings), or any indirect or consequential loss of any kind.

25.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so.

This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.

25.4 Limits to our liability. We limit the amount of compensation we may have to pay you if we are found liable to you, as follows:

(a) Loss of and/or damage to any luggage or personal possessions and money: The maximum amount we will have to pay you in respect of these claims is an amount equivalent to the excess on your insurance policy which applies to this type of loss per person in total because you are required to have adequate insurance in place to cover any losses of this kind;

(b) Claims not falling under (a) above and which don’t involve injury, illness or death: The maximum amount we will have to pay you in respect of these claims is up to three times 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 you or your party has not received any benefit at all from your booking;

(c) Claims in respect of international travel by air, sea and rail: 

(i) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and / or off the transport concerned) provided by any air, rail or sea carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or EU regulation that applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or, for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers in the event of accidents and/or the Athens Convention (as amended by the 2002 Protocol) for international carriage by sea and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended for travel by rail). Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the time limits stipulated in the applicable convention or regulation), we similarly are not obliged to make a payment to you for that claim or part of the claim. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or regulation. You are not entitled to make any claim against us which concerns or is based on any travel arrangements provided by any air, rail or sea carrier if such a claim is not expressly permitted to be brought against the carrier by the international convention or regulation that applies to the travel arrangements in question. When making any payment, we will deduct any payment that you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.

(ii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.

25.5 Where you are unable to return home.

Where it is impossible for you to return to your departure point as per the agreed return date of your holiday due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.

25.6 Where you require assistance whilst on holiday.

If, whilst you are on holiday, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance, which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to these terms, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance if the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

26. The Price of your Package Holiday

The price of the package holiday (which includes VAT) will be the price indicated in the personalised itinerary details which will be sent to you prior to booking. The price of your package holiday includes all government taxes as applicable at the time of booking that do not have to be paid locally. Those that have to be paid locally by you are extra and are your responsibility (such as international airport departure tax, local resort taxes, additional driver charges for car hire, add-ons and excess insurance). You will be advised of the amount of any such local charges where known by us before your booking is confirmed.

27. Changes to the Price of a Confirmed Package Holiday

We reserve the right to increase the price of your confirmed Package Holiday solely to allow for increases which are a direct consequence of changes in:

(a)        the price of the carriage of passengers resulting from the cost of fuel or other power sources; 

(b)        the level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes or embarkation or disembarkation fees at ports; 

(c)        the exchange rate relevant to the package holiday.

You will be charged for the amount of any increase in accordance with this clause 27. However, if this means that you have to pay an increase of more than 8% of the total price of the confirmed package holiday (excluding any amendment charges and/or additional services), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another holiday if we are able to offer one (if this is of a lower quality you will be refunded the difference in price) or cancelling and receiving a full refund of all monies. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on the invoice.

Should the price of your package holiday go down due to the changes mentioned above then any refund due will be paid to you, less an administration fee of £25. However, please note that travel arrangements are not always purchased in local currency and some apparent changes may have no impact on the price of your package holiday due to contractual and other protection we have in place.

There will be no change made to the price of your confirmed package holiday within 20 days of your departure nor will refunds be paid during this period.

28. If you wish to Change your Package Booking

If, once confirmed, you wish to make a change to the package holiday you have booked, the Lead Name must contact us at [email protected] If the change is possible, we will inform you of any changes to the price of your package holiday or other consequences of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change (such as an increased price) are unacceptable to you, you may want to cancel your booking (see clause 30) or transfer it to someone else (see clause 29). Where your requested change can be met, you must pay all costs and charges incurred or imposed by any of our suppliers together with an amendment fee of £25 per change per booking before the change can be made. Please note that certain arrangements within your package holiday booking cannot be changed or transferred after they have been confirmed and any change could incur a cancellation charge of up to 100% of that part of the arrangements and require you to re-book.

29. Your Right to Transfer your Package Holiday

You have the right to transfer your place on your package holiday to another person (introduced by you), subject to compliance with the following conditions:

(a)        the person to whom you are transferring your place satisfies all conditions applicable to the package holiday;

(b)        requests for a transfer must be made to us in writing at least 7 days before the start of your package holiday and must be accompanied by the name and other applicable details of the person who will replace you;

(c)        you pay any outstanding balance payment, an administration fee of £25 per person transferring as well as any additional fees, charges or other costs arising from the transfer and which our suppliers require to be paid in order to effect the change;

(d)        in the event that the balance of the package holiday cost is due but has not been paid when the transfer request is made, this must be paid before the transfer can be made. Any additional payment amount that our suppliers require to effect the change (if the transfer can be made) will be payable;

(e)        the transferee agrees to these terms.

You and the transferee remain jointly and severally liable for payment of all sums.

If you are unable to find a replacement, you can choose to cancel your booking and the cancellation charges as set out in clause 30 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.

30. If you wish to Cancel your Package Holiday

You may cancel your confirmed package holiday booking at any time prior to departure. Should you wish to do so, the Lead Name must contact us in writing at to [email protected]. Such notification will only be effective on receipt by us.

Subject to clause 31, cancellation charges will apply (as set out below, unless you are specifically advised otherwise at the time of booking). In calculating the cancellation charges set out below, we have taken account of expected cost savings and the generation of income from alternative deployment of the package holiday arrangements, to the extent this is likely to be achievable for your holiday arrangements. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling, excluding visa charges and amendment charges which are not refundable.

Period before departure cancellation is received by us

Cancellation charge (forfeit) as a % of total booking price*

Less than 28 days

100%

28 – 70 days (or balance-due date)

50%

More than 70 days (or balance-due date)

Deposit paid

Please note that you do not have a legal right to change your mind and cancel your holiday within 14 days of the date of your booking and receive a refund. This right, otherwise known as the “cooling off period”, under the Consumer Contracts Regulations 2013, does not apply to package holidays.

31. If you Cancel your Package Holiday due to Unavoidable and Extraordinary Circumstances

You have the right to cancel your confirmed package holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and which significantly affect the performance of your package holiday or significantly affect the carriage of passengers to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any compensation.

Please note that your right to cancel in these circumstances will only apply where your departure is imminent and the Foreign Commonwealth and Development Office (FCDO) advises against travel to your destination or its immediate vicinity.

For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination.

32. Our Rights to Change or Cancel your Package Holiday

Very occasionally, we may have to make a change to your confirmed package holiday booking or cancel it altogether – and we reserve the right to do so.

Minor Changes:

Most changes will be minor and we reserve the right to make these, where necessary. Where we become aware of a minor change to your package holiday before departure, we will try to notify you in writing should there be time to do so. We do not have to pay you any compensation where the change to your package holiday is minor. Minor changes are likely to include (but are not limited to):

(a)        changes to any destination, place of stay or port or place of call in your holiday itinerary which is not a major part of your holiday itinerary;

(b)        a change of outward departure time or overall length of your holiday by less than 12 hours;

(c)        change of accommodation to another of the same or higher standard.

Significant Changes:

Occasionally, we may have to make a significant change to your confirmed package holiday. Examples of “significant changes” include the following, when made before departure:

(a)        a change of accommodation area for the whole or a significant part of your time away;

(b)        a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away;

(c)        a change of outward departure time or overall length of your holiday by more than 12 hours;

(d)        a significant change to your holiday itinerary, missing out one or more destinations entirely.

If we have to make a significant change to or cancel your confirmed package holiday, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of:

(a)         (for significant changes) accepting the proposed change to your holiday; 

(b)         if available, accepting an offer of an alternative package holiday of a lower standard (with an appropriate price reduction);

(c)         accepting an offer of an alternative package holiday of a comparable or higher standard if available (and you pay any additional cost); 

(d)         having a refund of all monies paid.

You must notify us of your choice within 7 days of our offer, (where there is time to do so) or within the timescale stipulated by us. If we do not hear from you within the timescale stipulated by us, we will contact you again to request notification of your choice. If you fail to respond again we will assume that you have chosen to accept the change or alternative travel arrangements.

Cancelations:

We have the right to terminate your confirmed package holiday if we are  prevented from performing your contracted holiday arrangements as a result of Events Beyond our Control (as defined in clause 11) and we notify you of this as soon as reasonably possible.

In such circumstances we will refund all monies you have paid to us within 14 days of the date we inform you of the cancellation but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. You can also accept an alternative package holiday of a comparable standard if available and we offer one (and we will refund any price difference if the alternative is of a lower value).

Compensation:

In addition to a full refund of all monies paid by you, we will pay you compensation as detailed in the table below, in the following circumstances:

(a)       If, where we make a significant change, you do not accept the changed holiday arrangements and cancel your booking; 

(b)       If we cancel your booking and no substitute holidays are available, or you choose not to accept the substitute holidays offered to you.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so.

Period before departure in which we notify you

Amount you will receive from us*

62 days or more

Nil

61 - 42 days prior to departure

£10

41 - 28 days prior to departure

£20

27 - 14 days prior to departure

£30

Less than 14 days prior to departure

£40

*We will not pay you compensation in the following circumstances:

(a)       where the change to your holiday is minor;

(b)       where we make a significant change or cancel your holiday more than 60 days before the departure/start date;

(c)       where we make a significant change and you accept the changed holiday, or you accept an offer of a substitute holiday;

(d)       where we have to cancel your holiday as a result of your failure to make full payment on time;

(e)       where the change or cancellation arises out of changes to the confirmed booking requested by you;

(f)        where we are forced to cancel or change your holiday due to Events Beyond Our Control (as defined in clause 11).

If we become unable to provide a significant proportion of the holiday that you have booked after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.

33. Complaints or Problems during your Package Holiday

If you have a complaint about your package holiday, you must tell the relevant supplier straight away. You must also phone our local representative or agent as soon as possible on (00 34) 881240033. If you cannot contact our local representative/agent within a reasonable time, or if the response of that person is not satisfactory, then phone our UK office 00 44 (0)1223 328721, leaving a message if necessary and/or email us at [email protected]

If you fail to follow this procedure there will be less opportunity for us to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.

If you are still unhappy after you’ve returned from your package holiday, please write to us within 28 days of your return to the United Kingdom. Your complaint or claim will be investigated, and a full reply sent to you as soon as possible. As our investigations often involve obtaining information from overseas, it may take a few weeks.

If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the AITO (Association of Independent Tour Operators) arbitration scheme, details available on request.

34. Prompt Assistance for Package Holidays

If you have booked a package holiday and, whilst you are on holiday, you find yourself in difficulty for any reason we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and with distance communications and finding alternative travel arrangements. Where you require assistance that is not owing to any failure by us, our employees or sub-contractors, we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Any transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these terms, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.

SCHEDULE 1: STANDARD INFORMATION FORM ON A TRAVELLER’S KEY RIGHTS WHEN BOOKING A PACKAGE

 

PART 1: General

The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. Casas Cantabricas will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Casas Cantabricas has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes become insolvent.

PART 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018

Travellers will receive all essential information about the package before concluding the package travel contract.
There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.
Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.
The organiser has to provide assistance if the traveller is in difficulty.
If the organiser becomes insolvent, payments will be refunded. If the organiser becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Casas Cantabricas has taken out insolvency protection withAssociation of Bonded Travel Organisers Trust Limited (ABTOT), (Membership No. 5253). Travellers may contact this entity if services are denied because of Casas Cantabricas’ insolvency.

PART 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/pdfs/ukdsi_9780111168479_en.pdf