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Remember you are entering a binding contract and there is no right to vary or cancel other than set out below.
The following terms and conditions together with the information specified under 'Essential Information' and 'How to book your holiday' constitute the basis of your contract as varied or added to by the terms and conditions of the individual property owners and service providers as referred to below and/or advised at the time of booking. They also govern our relationship where we act as agent.
Please read this information carefully.
Vintage Spain Ltd ("Vintage Travel","we","us" and "our" in these booking conditions) acts only as agent for the owners ("owner(s)") of the properties ("property" or "properties") and providers of the other services featured in our brochure or on our website (owners and other service providers together and individually referred to as "service provider(s)" in these booking conditions).
Except for flights which we sell as ATOL holder, your contract will be with the relevant service provider(s) for your confirmed property / other services. Their terms will apply in addition to these booking conditions (copies available on request).
Where there is any difference between these booking conditions and the relevant service provider's terms, the service provider's terms will vary these booking conditions. We do not sell or offer for sale any "packages" or act as an "organiser" within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992 and these Regulations do not apply to any booking you may make.
As referred to in clause 5, your arrangements may constitute a Flight-Plus which will be protected by the ATOL scheme. The flights we arrange as part of a Flight-Plus will be sold by us as ATOL holder or as agent for another ATOL holder. The Flight-Plus itself will be protected by our ATOL. References to service providers in these booking conditions include the airline and any aircraft charterer, ATOL holder (other than Vintage Travel) or other intermediary and references to services includes flights where appropriate.
In these booking conditions,"you" and "your" means all persons named on the booking (including anyone who is added or substituted at a later date) or any of them as the context requires.
OUR / THE SERVICE PROVIDER(S) OBLIGATIONS TO YOU
1. Your holiday confirmation and contract
When your booking is verbally confirmed by us or a Holiday Confirmation is issued where you book online, a contract or contracts with the relevant service provider(s) and/or Vintage Travel (for any booking of a flight with us) comes into effect. Where you book through our website, any electronic acknowledgement of your booking is not a confirmation of it. Please carefully check your Holiday Confirmation as soon as you receive it and let us know immediately if any information appears to be incorrect or incomplete as it may not be possible to make changes later.
All contracts are governed by English law unless the service provider requires that your contract with them is governed by the law of the country where their property is located or service provided. In the event that you have any dispute with any service provider, you will generally be able to ask the Courts of England and Wales to deal with this (or Scotland or Northern Ireland if you are resident in either of these countries). If you have any dispute with Vintage Travel in respect of any booking of a flight with us or which concerns our actions as agent (and not the acts or omissions of the service provider or the property or other services themselves), we both agree this will be dealt with by the Courts of England and Wales only (unless dealt with by arbitration as set out below).
2. The holiday price
The prices shown on this website and in our brochures are believed correct at time of going to press / publication on our website. We / service providers reserve the right to amend prices during the year and to correct errors in brochures and website prices when we / service providers become aware of them.
Once a contract comes into existence, the price will not change except as set out below. The price is payable in accordance with the booking procedures on this website and in our brochures. Property prices will not change after confirmation. The price of other services may be subject to increase in accordance with the service provider's terms. We will advise you as soon as possible if we are notified of any increase.
3. Alteration and cancellation by service providers
Service providers generally reserve the right to cancel or alter your booking in accordance with their applicable terms. It is very unlikely that any changes to your property booking will be made however, circumstances may mean that your confirmed property cannot be provided for the booked holiday dates. In this case, the owner and we as agents will endeavour to offer the same property at a different time acceptable to you or an alternative property of a comparable standard.
Where the owner is able to do so, you will usually have the choice of:
a) Accepting the alternative holiday dates or property with your paying or receiving a refund in respect of any price difference or
b) Cancelling your booking and receiving a full and immediate refund of any monies paid to us by you for it.
The owner will provide a full refund if alternative holiday dates or a suitable alternative property acceptable to you cannot be offered. If your property booking is cancelled in the above circumstances, you are not automatically entitled to cancel or alter (without paying any applicable cancellation or other charges) any other service booked in connection with the property.
Other services may be altered or cancelled by the service provider in accordance with their applicable terms. We will notify you as soon as we become aware of any material alteration or cancellation. The cancellation or alteration of any services booked in connection with your property does not entitle you to cancel or alter your property booking without paying any applicable cancellation or other charges.
We are not liable for any expenses or losses which you incur as a result of any cancellation or alteration of any booking by your service provider and you will need to pursue these with the service provider concerned.
4. Responsibility for your booking
a) As set out above, except for flight bookings made with us as ATOL holder, we act only as agent and your contract is with the relevant service provider(s) of your confirmed property / other services. Accordingly, we are not liable for the act(s) or default(s) of service providers or for the performance or non performance of their contractual obligations.
We do not sell or offer for sale any "packages" or act as an "organiser" within the meaning of the Package Travel, Package Holidays and Package Tours Regulations 1992 and these Regulations do not apply to any booking you may make.
b) As agent, our responsibilities are limited to making your booking in accordance with your instructions. In the event of our failing to do so or your otherwise proving liability on our part (on whatever basis), our maximum liability is limited to twice the commission we are entitled to in relation to the services concerned in the event of your suffering loss or damage as a result (other than personal injury â€“ see below).
c) We sell flights as ATOL holder and as agent for another ATOL holder. Where we sell your flight as ATOL holder, you will have a direct contract with us. Our only obligations under that contract (other than those set out in these booking conditions) are to reserve a seat for you with your confirmed airline (or such other airline as may be substituted) and provide you with a ticket for travel or other equivalent means of accessing your booked flight where no paper ticket is issued. The airline's conditions of carriage will also apply.
Where we sell your flight as agent for another ATOL holder, you will have a contract for the flight with that other ATOL holder whose details will be provided at the time of booking. Their terms and conditions, in addition to the airline's conditions of carriage, will apply to your booking.
d) Regardless of whether we sell your flight as ATOL holder or agent for another ATOL holder, in the event that we are found liable in relation to the flight itself or for the airline's acts or omissions in any respect or on any basis whatsoever, the maximum amount we will pay you will be limited to the maximum amount the airline would have to pay you in accordance with applicable international convention(s) or regulation(s) (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). We are also entitled to rely on all defences from, exceptions to and other provisions relating to liability as are available to the airline. The airline is also entitled to limit its liability on the same basis.
e) Neither we nor any service provider will be liable where the performance or improper performance of any obligation(s) is prevented or affected by or you otherwise suffer any expense, loss or damage of any description as a result of any event which we or the service provider concerned, as applicable, could not, even with all due care, foresee or avoid. Such events are likely to include (whether actual or threatened) terrorist activity, industrial dispute, civil unrest, natural or nuclear disaster, war, adverse weather conditions, fire and all similar circumstances.
f) If you suffer death, bodily injury or illness, we can only accept responsibility where caused by the negligent acts and/or omissions of our employees whilst acting within the course of their employment.
g) Entirely without prejudice to the remainder of these booking conditions, in the event of our being found liable in respect of any contracted services on any basis, we are entitled to rely on all available limitations and exclusions of liability including, but not limited to those set out in Regulation 15 of the Package Travel, Package Holidays and Package Tours Regulations 1992. We are further entitled to rely on all limitations and exclusions of liability available to carriers under international convention as if we were a carrier where transport services are concerned.
h) Where you book travel arrangements through us, the terms and conditions of the companies who provide your transport will apply to your contract. These conditions may contain terms which affect your right to bring a claim or to compensation. You should ask for copies of the relevant conditions from our offices. We regret we cannot provide any assistance in the event of any flight delay.
i) In our capacity as agent, we will do our reasonable best to assist you with any problems which arise with your property or other services booked through us.
5. Financial protection for Flight-Plus bookings
If your booking includes any flight(s) which we have agreed to arrange for you, it will be protected by the ATOL scheme as set out below:
If you book a flight with us and on the same day, the day before or day after, you also book your property and/or car hire with us, a Flight-Plus will be created of which we will be the arranger. Your Flight-Plus includes, as applicable, the flight(s), accommodation, car hire and any other tourist services (providing these form a significant part of the arrangements) which are booked through us within this period of time.
Your Flight-Plus will be financially protected by our Air Travel Organiser's Licence (ATOL No. 2787) and by the ATOL scheme as set out below:
When you buy an ATOL protected flight or flight inclusive holiday from us, you will receive an ATOL Certificate. This lists the flight, accommodation, car hire and/or other services that are financially protected, where you can get information on what this means for you and who to contact if things go wrong.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought or a suitable alternative (at no extra cost to you).
You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL scheme (or your credit card issuer where applicable). For further information, visit the ATOL website at www.atol.org.uk
When booking, you accept these conditions whether or not you have signed a booking form.
On booking you must pay a deposit of £75 per person (based on the full capacity of the property) or 30% of the total property rental, whichever is the greater, unless booking after the balance due date (usually 10 weeks before the rental start date but as advised at the time of booking and shown on your Holiday Confirmation) in which case you must pay the full cost of the property rental at the time of booking.
You must in addition pay the applicable deposit for any other services booked unless you book them on or after balance due date, in which case full payment must be made at the time of booking. If you ask us to book a flight and /or other services, full payment for these services may be required at the time of booking.
8. The balance
Balance due date(s) are shown on your Holiday Confirmation. No reminders will be sent. You must pay the final balance of all services booked by the balance due date(s). If you fail to pay, you will be in breach of your contract and the service providers concerned (or Vintage Travel in respect of any flight booking made with us as ATOL holder) can cancel your booking.
You will remain liable for the full amount of the property rental unless the relevant rental period can be resold or the owner otherwise agrees. In the event of resale, you will receive an appropriate refund taking account of the monies received on any such resale and our reasonable administrative costs. In any event you will forfeit your deposit. For other services, the service provider's applicable cancellation charges will apply.
9. Payment for flights provided by another ATOL holder
All monies paid to us for flights which we sell as agent for another ATOL holder will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to our obligation to pay such monies to the relevant ATOL holder in accordance with our trading terms unless the ATOL holder fails. In this situation, all monies then held by us or subsequently paid by you to us for any such flights will be held by us on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on our part to pay such monies to the ATOL holder. All such monies will be subject to the deduction of our commission before payment to the ATOL holder or Air Travel Trust.
10. Cancellation or alteration by you
Your cancellation or alteration request must be made in writing and will only be effective when received by us. If you cancel your property booking, you will remain liable in exactly the same manner as if you were to fail to pay the balance as set out above. It is imperative that you take out appropriate insurance cover to protect you against this liability.
For other services, the service provider's applicable cancellation charges will apply. 100% cancellation charges from the time of booking apply to flights with low cost carriers. Any alteration request is subject to availability, the service provider's applicable charges and our reasonable administration costs.
11. Problems during your holiday
If there are any problems with your property or any other services booked through us during your holiday then you must follow this procedure:
a) Tell our local representative or agent and the property owner/manager or other service provider as soon as possible and ensure that our representative/agent has a written note of the problem.
b) If you cannot contact our local representative/agent within a reasonable time, or if the response of that person or the relevant service provider is not satisfactory, then telephone our UK office and we will endeavour to assist in our position as agent.
c) Allow sufficient time for the representative/agent and service provider to deal with the problem and bear in mind that this can take longer in some foreign countries.
Unfortunately some problems such as those arising from the climate (water shortage, storm damage etc) are beyond the control of service providers /ourselves. Whilst we cannot be liable for these problems, we will do our best to help.
The requirements of the above procedure have legal force. If you do not follow the above procedure then we / the service providers will rely on that failure where any subsequent complaint is made or claim brought against us and/or any service provider. Wherever possible notify complaints or claims to us within 28 days of your return from holiday. An investigation whilst the facts are fresh may help us to achieve an early resolution.
12. Conduct and behaviour
It is your responsibility to take good care of the property and its grounds and avoid causing nuisance to others. If your conduct affects our relations with any of our service providers, we will hold you liable for any costs or losses resulting from your actions. Where any damage or loss is caused to the property during your stay, you agree to our taking payment on the owner's behalf for such damage or loss directly from your credit or debit card up to a value of £600 where the owner requests us to do so. This agreement to our debiting your card does not limit your liability for damage or loss to this amount and owners reserve the right to claim the full value of the damage or loss from you.
Service providers reserve the right, at their discretion, to terminate your access to the property or other services immediately if, in their opinion, your actions cause or are likely to cause damage to any property or danger or distress to any third party. Should this happen then no refunds will be payable for any unused part/s of the service/s booked through us. Furthermore we and service providers will not be liable for any additional costs incurred by you due to any such action.
On leaving the property after your stay the property should be left clean and tidy, with dishes washed and all rubbish cleared. If the property is left in a dirty state you will be invoiced for extra cleaning at the rate of £15 per hour.
If any dispute arises between you and Vintage Travel relating to our obligations as set out in these booking conditions (as opposed to the obligations of any service provider) which we cannot resolve with you, you may refer the matter to a court of law or we can attempt to settle the dispute under the ABTA arbitration scheme which though devised by arrangement with ABTA, is administered quite independently.
The scheme (details on request or from the ABTA website www.abta.com) provides for a simple and inexpensive method of arbitration on documents alone with restricted liability on the customer in respect of costs. The scheme does not apply to claims for an amount of greater than £5,000 per person or £25,000 per booking nor to claims which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness.
Your application for arbitration and other required documents must be received by ABTA within 18 months of your return from the holiday. Outside this time limit arbitration under the scheme may still be available if we agree, although the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA mediation procedure and we have the option to agree to this.
In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a "Community list" which contains details of air carriers that are subject to an operating ban within the European Union. The Community list is available for inspection at http://ec.europa.eu/transport/air-ban/list_en.htm
In accordance with EU Regulations we are required to advise you of the carrier(s) (or, if the carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
Any change in the identity of the carrier, flight timings, and/or aircraft type (where advised) will not entitle you to cancel or change to other arrangements without paying the applicable charges except as set out below. If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier / other ATOL holder with whom you have a contract are unable to offer you a suitable alternative, you will receive a full refund of the money you have paid us for the flight(s) concerned.
We are not always in a position at the time of booking to confirm the flight timings which will be used in connection with your flight. The flight timings shown in our brochure, on our website and/or detailed on your Holiday Confirmation are for guidance only and are subject to alteration and confirmation. Flight timings are outside our control. They are set by airlines and are subject to various factors including air traffic control restrictions, weather conditions, potential technical problems and the ability of passengers to check in on time.
Specific instructions relating to departure and travel arrangements will be sent with your air or other travel tickets approximately 2 weeks before departure. You must accordingly check your tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been despatched - we will contact you as soon as possible if this occurs.
15. Travel Advice
You should check up-to-date travel advice available from the Foreign and Commonwealth Office before booking/departure by visiting their website www.fco.gov.uk/knowbeforeyougo
16. Data Protection
In order to process your booking, we need to use the information you provide such as name, address and any 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 the information on to the relevant owner and other service provider(s). 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.
Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. We will not however pass any information on to any person who is not the owner/manager/ keyholder of your property or other service provider. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary/religious requirements.
If we cannot pass this information to the relevant persons (as above), whether in the EEA or not, we cannot accept your booking. In making this booking, you consent to this information being passed on to the relevant persons. You are entitled to a copy of your information held by us. If you would like to see this, please contact us. We may make a small charge for providing this to you.
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 our brochure or other marketing material. If you do not wish to receive information from us in the future, please notify us.
Please also read... the information specified under 'Essential Information' and 'How to book your holiday' as the information on these pages, together with the above 'Terms and Conditions' constitute the basis of your contract.