BOOKING CONDITIONS

To view, download, print or save these Booking Conditions (& essential information) as a PDF file please click here (0.9 MB) .

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.

PLEASE NOTE
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. Except as set out in clause 6 below, 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.

We sell flights as ATOL holder, agent for another ATOL holder or ticket provider. References to "service providers" in these booking conditions include the airline, Vintage Travel (where we sell the flight as ATOL holder), and the other ATOL holder (where we sell the flight as agent for another ATOL holder) where the service concerned is a flight 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 with the relevant service provider(s) or us for a flight booking 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 (where we sell the flight as ATOL holder) or package or which concerns our actions as agent (and not the acts or omissions of the service provider), 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 in this brochure and on our website 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 brochure 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 and in clause 6g). The price is payable in accordance with the booking procedures in our brochure and on our website. Property prices will not change after confirmation. The price of other services may be subject to surcharges in accordance with the service provider's terms. We will advise you as soon as possible if we are notified of a surcharge.

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 such 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.
Except as set out in clause 6 a) below, 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 - see below)

c) We sell flights as ATOL holder, agent for another ATOL holder or ticket provider. 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.
We will sell your flight as ticket provider where you ask us to book a flight with a low cost carrier. In this case, you will need to pay us the full cost of the flight by credit or debit card at the time of booking. We will then immediately book your flight using our company credit card. Confirmation of the booking (which acts as your e-ticket) will be provided to you directly by the airline with whom you will have a contract.

d) Regardless of whether we sell your flight as ATOL holder, agent for another ATOL holder or ticket provider, 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.

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 bookings

a) We sell your flight as ATOL holder
We hold an Air Travel Organisers Licence issued by the Civil Aviation Authority (ATOL No 2787). When you buy an ATOL protected flight or flight inclusive package (see clause 6a))* from us you will receive a confirmation invoice from us (or via our authorised agent through which you booked) confirming your arrangements and your protection under our ATOL.
In the unlikely event of our insolvency, the CAA will ensure that you are not left stranded abroad and will arrange to refund any money you have paid to us for an advance booking.
*The flights we arrange are ATOL protected providing either the person who pays for the booking is present in the UK when the booking is made or the first leg of any flight or flights we arrange for you commences in the UK. For further information, visit the ATOL website at www.atol.org.uk

b) We sell your flight as agent for another ATOL holder
Your flight booking will be protected as set out under 5a) by the ATOL of the other ATOL holder whose details will be provided at the time of booking and on the other ATOL holder's confirmation invoice.

c) We sell as ticket provider
The flight confirmation provided immediately after you have made your booking will provide you with access to your flight.

6. Package bookings
a) Occasionally, we may offer you the opportunity of booking a property and flight or other service(s) at an inclusive price ("package"). Where we do so, we will be acting as an "organiser" of the package which includes the contracted services in accordance with the Package Travel, Package Holidays and Package Tours Regulations 1992. Although we act as agent for the service providers (other than the airline), we will accept responsibility for the contracted services subject to the following additional provisions and all other applicable terms of these conditions (including without limitation, clauses 4d), 4e), 4g) and 4h)).

b) We promise to make sure that the services which form part of the package are arranged, performed or provided with reasonable skill and care. This means that, subject to these booking conditions, we will accept responsibility if, for example, you suffer death or personal injury or the contracted services are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or the service providers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements.

Please note, it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. In addition, we will only be responsible for what our employees, agents and service providers do or do not do if they were at the time acting within the course of their employment (for employees) or providing services we had requested (for agents and service providers).

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

• the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or
  
  
• the act(s) and/or omission(s) of a third party not connected with the provision of your package and which were unforeseeable or unavoidable; or
  
  
• any event which we or the service provider in question could not, even with all due care, foresee or avoid. Such events may include (whether actual or threatened) war, riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.

d) We cannot accept responsibility for any services which do not form part of your package. This includes, for example, any additional services or facilities which any service provider agrees to provide for you where the services or facilities are not advertised in our brochure/on our website and we have not agreed to arrange them and any excursion or activities you book during your holiday. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above and we do not have any greater or different liability to you.

e) The promises we make to you about the services we have agreed to provide or arrange as part of your package, and the laws and regulations of the country in which your claim or complaint occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This will be the case even if the services did not comply with the laws and regulations of the UK which would have applied had those services been provided in the UK. The exception to this is where the claim or complaint concerns the absence of a safety feature which might lead a reasonable holiday maker to refuse to take the holiday in question. Please note, however, our obligation is to exercise reasonable skill and care as referred to in clause 6b). We do not make any representation or commitment that all services will comply with applicable local laws and regulations and failure to comply does not automatically mean we have not exercised reasonable skill and care.

f ) Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £1000 per person affected unless a lower limitation applies to your claim under this clause or clause 4d).
For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price of the package (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim under clause 4d). This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your package.

g) A surcharge may be levied if, after booking, transportation costs or dues, taxes or fees payable for services such as landing taxes increase or our costs otherwise increase as a result of adverse currency fluctuations. However, we will absorb any such costs increase up to a total amount equivalent to 2% of the total cost of your package (excluding any amendment charges or insurance premiums) before levying any surcharge.
No surcharge will be levied later than 30 days before the start date of your package. If any surcharge amounts to more than 10% of your package price, you may cancel your package booking and purchase alternative arrangements from us (paying or receiving a refund in respect of any price difference) or receive a full refund of all money paid provided the cancellation is made within 14 days from the issue date printed on the surcharge invoice. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the package or within 14 days of the issue date printed on the surcharge invoice, whichever is the later.

Exchange rates used in calculation of surcharges are based on those published on 16th June 2011: € 1.14 / £1.

YOUR COMMITMENT

7. Booking

When booking, you accept these conditions whether or not you have signed the booking form.

8. Deposit

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 within 10 weeks of the rental start date 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 within 10 weeks, in which case full payment must be made at the time of booking. If you ask us to book a flight with a low cost carrier for you, full payment for that flight must be made at the time of booking.

9. 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 not later than 10 weeks before the start date of the services. 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.

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 any services 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 of 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 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 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.

13. Arbitration
If there are any disputes 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 applies to claims for an amount of no 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.

OTHER CONDITIONS

14. Airlines
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.

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.

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