Booking Conditions

Booking Terms and Conditions

These Booking Conditions, together with our privacy policy and any other written information we brought to your attention before we confirmed your booking, set out the details of your booking with Al Fresco (“Al Fresco”, “we” or “us”). Al Fresco is a trading name of Al Fresco Holidays SAS, 1A Warth Business Park, Warth Road, Bury, Lancashire, UK, BL9 9NB. Registered Office: 570 Avenue du club Hippique, Immeuble le Derby, 13097 Aix-en-Provence, 2010 B 1989 RCS Aix-en-Provence. Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you" and "your" include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.   

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:

1.    He/she has read these terms and conditions and  has the authority to and does agree to be bound by them; 
2.    He/she consents to our use of information in accordance with our Privacy Policy; 
3.    He/she is over 18 years of age 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. 

Our obligations to you will vary depending upon whether we act as a package organiser in the sale of a package holiday, as a Principal in the sale of single-element bookings (such as eg. accommodation only bookings) or as an agent to help you to arrange individual holiday products; our differing obligations are set out below, in three separate sections: Section A contains the conditions which will apply to all bookings. Section B contains the conditions which will apply when you make a booking with us where we act as the package organiser. Section C contains the conditions which will apply where you make a single-element booking with us, where we are acting as Principal. Section D contains the conditions which apply to agency bookings.

SECTION A – APPLICABLE TO ALL BOOKINGS

A1. Booking

When you make a booking, you confirm that you have the authority to accept and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every member of your party. It is your responsibility to ensure that any information which you give us is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party.

When you make your booking you must pay the relevant deposit as specified at the time of booking. No contract will come into existence until we accept your booking and we receive your deposit or full payment in cleared funds and issue you with a confirmation invoice either on behalf of ourselves or the supplier in question. 

Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately, as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately. Please ensure that the names given are the same as in the relevant passport.

The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of any holiday component arranged on you behalf. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.

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A2. Payment

You will be required to pay a deposit or make full payment for your booking at the time of booking.  Some elements of your holiday e.g. flights require full payment at time of booking.  Where you only pay a deposit you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions.  These Terms and Conditions will be supplied to you if different from our own general terms and conditions which govern the accommodation part of your arrangements.
Alternatively, where you have booked a package or accommodation only arrangement with us, you will be subject to our cancellation charges as set out in Sections B and C below.

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A3. Accuracy

We endeavour to ensure that all of the information and prices both on our website and in our brochures are accurate; however, occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. As prices can change you must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed.

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A4. Special Requests

If you have any special requests (for example mobile location), please let us know at the time of booking. We will pass on all such requests to the supplier/representatives but we do not guarantee that they will be met and we will have no liability to you if they are not.

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A5. Insurance

Adequate travel insurance is a condition of booking with us. You must take out a policy of insurance in order to 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. Failure to disclose relevant information will affect your insurance. If you book or travel without adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.

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A6. Park Ratings and Standards

Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your holiday parc. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.

Safety standards in some countries may differ from those applicable in the United Kingdom. We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.

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A7. Fitness to Travel and Medical Conditions

If you have any medical condition, disability or special requirements which may affect your holiday, please tell us before you confirm your booking, as we are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking.

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A8. Behaviour

Please be aware that the booking conditions of our parc suppliers and transport partners are such that your holiday arrangements can be terminated, with no refund, if the behaviour of your party falls below an acceptable standard. If this occurs overseas then you will become responsible for your own return home. Suppliers will also often require you to pay for any damage you cause to the accommodation or services in resort. We are under no obligation to you if any event such as this occurs. You agree to indemnify us for the full amount of any claim (including all legal costs) made against us by the supplier or any third party as a result of your conduct.

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A9. Delivery of Documents

All documents (e.g. invoices/tickets) will be sent to you by email  or 1st Class post if requested at the time of booking. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to payment of the necessary charges.

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A10. Passports, Visas and Health

We can provide general information about the passport and visa requirements for your trip, but this is for guidance only and it remains your responsibility to check them before you travel. Your specific passport, visa and other immigration requirements, are your responsibility and you should confirm these with the relevant Embassies and/or Consulates prior to travel. Neither we nor the supplier accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements. 

We can provide general information about any health formalities required for your trip but you should check with your own doctor for your specific circumstances.  Up to date travel advice can be obtained from the Foreign and Commonwealth Office, visit www.fco.gov.uk.  

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A11. Final Travel Arrangements

Please ensure that all your travel, passport, visa and insurance documents are in order and that you arrive in plenty of time for checking in at the airport, ferry port or train station. You may be required to check in online prior to your arrival at the airport and we will advise you, where appropriate.  If you fail to check in on time you may be charged additional fees to check in at the airport and if you are refused permission to board the aircraft you are unlikely to receive any refund. 

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A12. Complaints

Where we are acting as agent, the contract for your arrangements is between you and the supplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the representative/ supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.

If you wish to complain when you return home, write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact Customer Services. 

Where you have booked a package holiday with us or a single-element booking where we are acting as principal, please inform us immediately and by contacting us on the numbers listed on our website. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the in resort representative services without delay and complete a report form whilst in resort. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. 

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A13. ABTA

We are a Member of ABTA, membership number Y3069.  We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of this contract. The scheme is arranged by ABTA and administered independently. It is a simple and inexpensive method of arbitration on documents alone with restricted liability on you for costs.  The upper limit on claims is £5,000 per person and £25,000 per booking form. The scheme doesn’t apply to claims which are solely in respect of physical injury or illness or their consequences.   It can however deal with claims which include an element of minor injury or illness subject to a limit of £1,500 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within eighteen months of the date of return from holiday. For injury and illness claims, you can request the ABTA Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com

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A14. Financial Protection

Please ask us about the protection that applies to your booking. If you receive an ATOL Certificate then you will have ATOL protection. 

In relation to flight inclusive package holidays sold by us, the Package Travel Regulations require us to provide security for the monies that you pay and for repatriation in the event of our insolvency. We provide this security by way of an ATOL (number 10338) administered by the Civil Aviation Authority. When you buy an ATOL protected flight or flight inclusive holiday from us you will receive an ATOL Certificate. This lists what is 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 under your contract, you agree to pay any money outstanding 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).     

If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.

All monies you pay to a travel agent are held by them on behalf and for the benefit of the Trustees of the Air Travel Trust at all times. This is subject to the agent’s obligation to pay it to us for so long as we do not fail. If we fail, any money held at that time by the agent, or subsequently accepted from you by them, is and continues to be held on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation to pay that money to us.

We provide financial security for package holidays not including flights by way of a bond managed by ABTA.

If you book arrangements other than an ATOL protected flight or Package from us, your monies will not be financially protected. Please ask us for further details.

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A15. Force Majeure

Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier of the service in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife, terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, extreme weather conditions, fire, chemical or biological disaster and all similar events outside our control or the control of the supplier concerned. 

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A16. Law and Jurisdiction

These terms and conditions are governed by English law and any dispute arising between the parties is subject to the exclusive jurisdiction of the courts of England and Wales (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).

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A17. Conditions of Suppliers

Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions which will form part of your contract with us. Some of these terms and conditions may limit or exclude the supplier's liability to you, usually in accordance with applicable International Conventions. Copies of the relevant parts of these terms and conditions are available on request from us or the supplier concerned.

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A18. Data Protection and Privacy

Please see our data protection and privacy policy for full information regarding the way in which we use and store your personal data.

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SECTION B: PACKAGE HOLIDAY BOOKINGS

This section only applies to Package Holidays booked with us as Organiser. Please read this section in conjunction with Section A of these Booking Conditions.  

B1. Definition of Package

A “Package Holiday” exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation: (a) transport; (b) accommodation; (c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package. Where you have booked a Package Holiday with us, we will accept responsibility for it in accordance with these Booking Conditions as an “Organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992.

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B2. Pricing

The price of your travel arrangements has been calculated using exchange rates quoted by la Banque de France in relation to the following currencies: Euro.

When you book travel arrangements with us, you must pay either a deposit or the full balance of the total advertised price, if booking within 10 weeks of departure. Where you pay only a deposit at the time of booking, full payment is due no later than 10 weeks prior to departure. 

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays.  The price of your confirmed holiday is subject at all times to changes in transport costs such as fuel and any other airline cost changes which are part of our contracts with airlines (and their agents), operators and any other transport provider; and to changes in the currency exchange used to calculate your arrangements and to rates, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports any or all of which may result in a variation of your holiday price. 

We will absorb and you will not be charged for any increase equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus any applicable administration charges together with any amounts to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any insurance premiums and any amendment charges and/or additional services or travel arrangements. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. 

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B3.  Changes by You

If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £35 per booking outside ten weeks of departure or £50.00 within ten weeks, per change per component as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable. If you are prevented from travelling it may be possible to transfer your booking to another suitable person provided that written notice is given. An administration fee will be charged, details available upon request.

Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. 

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B4.  If you cancel 

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices or by email (when you receive an email response confirmation from us).   Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the table below (the cancellation charge detailed is calculated on the basis of the total cost payable by the person cancelling, excluding insurance premiums and amendment charges which are not refundable in the event of the person to whom they apply cancelling).

 Period before departure within which notice of Cancellation by you   Amount of cancellation charge 
 70 days or more  Loss of deposit
 69 - 43 days   30% of holiday cost
 42 – 29 days  50% of holiday cost
 28 – 8 days  90% of holiday cost
 7 days or less  100% of holiday cost

Please note that certain arrangements, particularly flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above. If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charges from any monies you have already paid to us.

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B5.  If we make major changes or cancel your Package Holiday

It is unlikely that we will have to make any changes to your travel arrangements, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you of them at the earliest possible date. We also reserve the right in any circumstances to cancel your travel arrangements. For example, if the minimum number of clients required for a particular travel arrangement is not reached, we may have to cancel it. However, we will not cancel your travel arrangements less than 56 days before your departure date, except for reasons of force majeure or failure by you to pay the final balance. 

Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of holiday parc, a change of outward departure time or overall length of your arrangements of twelve or more hours. Examples of “minor changes” include the following when made before departure: any change in the advertised identity of the carrier(s), flight timings and/or aircraft type; a change of outward departure time or overall length of your holiday of twelve hours or less, or a change of accommodation to another of the same standard or classification.

If we have to make a major change or cancel, 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 (for major changes) i) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements. 

If we make a major change or cancel, less than 56 days before departure, we will also pay compensation as detailed below:

Period before departure within which notice of Cancellation or major change is notified to you    Compensation payable per booking
 56 days or more   Nil 
 55 - 29 days    £40
 28 –15 days  £60
 14 – 8 days  £80
 7 days or less  £100

We will not pay you compensation where we make a major change or cancel more than 56 days before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care or if we cancel your arrangements because the minimum number of participants to run the arrangements has not been reached. (We will tell you if we have to cancel for this reason not less than 56 days before departure).

The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. In no case will we pay compensation if accommodation is offered by us and accepted by you in the same location with a higher price than at the time of the original booking, where no additional payment is made by you for the higher priced accommodation. 

We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you. 

Very rarely, we may be forced by "force majeure" to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result. 

If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and if appropriate in all the circumstances, will pay you reasonable compensation.

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B6.  Flights

In accordance with EU Directive (EC) No 2111/2005 Article 9, 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 with the EU Community. 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.
 
Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. 

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B7.  Our Responsibilities to you in respect of Package Holidays

1)    We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel, Package Holidays and Package Tours Regulations 1992 as set out below. Subject to these booking conditions, if we or our suppliers perform or arrange your contracted holiday arrangements negligently, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your holiday), we will pay you reasonable compensation. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us.

2)    We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:

(i)    the act(s) and/or omission(s) of the person(s) affected; 
(ii)    the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or 
(iii)    unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or 
(iv)    an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled. 

3)    We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(i)    for 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 £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind;
(ii)    for claims not falling under 3(i) 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 twice the price paid by or on behalf of the person(s) affected in total. This maximum amount will only be payable where everything has gone wrong and you or your party has not received any benefit at all from your booking. 
(iii)    for claims in respect of international travel by air and sea and overland by train, or any stay in  accommodation, the extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); EU Regulation 392/2009 (relating to the Liability of carriers of passengers by sea in the event of accidents); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can request copies of these Conventions from our offices.  In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract. 

4)    In any circumstances in which a carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier. 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.

5)    It is a condition of our acceptance of liability under this clause that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. 

6)    Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you. 

7)    We will not accept responsibility for services or facilities which do not form part of our agreement or where they are identified  as a payable  extra on the holiday parc and which you choose to contract directly with the holiday parc supplier”.

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B8.  Delays, Missed Transport Arrangements and other Travel Information

If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately. 

The Package Travel Regulations provide that in the event that you experience difficulties, we will provide you with prompt assistance.  Where you experience a delay which is not owing to any failure by us, our employees or sub-contractors, this prompt assistance is likely to extend to providing help in locating refreshments, accommodation and communications but not paying for them. Any 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 the other terms of these conditions, 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.

Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.  

SECTION C – PRINCIPAL BOOKINGS

This section applies to all single element bookings (i.e. accommodation only bookings) where your contract is with Al Fresco. You’ll know whether your contract is with us as it will be specified on your confirmation invoice. Please read this section in conjunction with Section A of these Booking Conditions.    

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C1  Pricing 

The price of your arrangements will be confirmed on booking. When you have booked and paid your deposit, or the full amount if you book within 10 weeks of departure, the price of your booking as shown on your confirmation invoice is guaranteed, unless you elect to change the confirmed booking. The price of your confirmed booking is also subject at all times to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in the currency exchange used to calculate your arrangements any or all of which may result in a variation of the price of your arrangements. 

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C2.  Changes made by you 

If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us in writing as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administration fee of £35 per booking outside ten weeks of departure or £50.00 within ten weeks of departure, per component per change in addition to  any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee will be payable (see below).

PLEASE NOTE: Certain arrangements may not be amended, even to change a name, after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. 

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C3. If you Cancel your Booking

If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing. Your notice of cancellation will only take effect when it is received in writing by us at our offices and will be effective from the date on which we receive it. We recommend that you use recorded delivery. Cancellation charges for the arrangements will be as follows:

Period before departure within which notice of Cancellation by you  Amount of cancellation charge in addition to insurance premiums 
70 days or more  Loss of deposit
69 - 43 days   30% of holiday cost
42 – 29 days 50% of holiday cost
28 – 8 days   90% of holiday cost
7 days or less   100% of holiday cost

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C4. If We Change or Cancel Your Booking 

We may in exceptional circumstances be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. 

Very rarely, we may be forced by "force majeure" conditions to change or terminate all or some of your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds, pay you compensation or meet any costs or expenses you incur as a result. 

Our Responsibilities  

(1)    Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
 
(2)    We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description if it results from:-

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

(b)    the act(s) and/or omission(s) of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or 

(c)    unusual or unforeseeable circumstances beyond ours or our supplier(s) control, the consequences of which could not have been avoided even if all due care had been exercised; or 

(d)    an event which either ourselves or suppliers could not, even with all due care, have foreseen or forestalled. 

(3)    We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(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 assumed 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 twice the price paid by you in total. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your booking. 

(4)    It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions. 

(5)    Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require. 

(6)    Please note, we cannot accept any liability for any damage, loss or expense or other sum(s) of any description:

(a)    which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you; or

(b)    relate to any business. 

We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our advertising material.  We will not accept responsibility for services or facilities which do not form part of our agreement or where they are identified  as a payable  extra on the holiday parc and which you choose to contract directly with the holiday parc supplier.

SECTION D: AGENCY BOOKINGS

This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.    

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D1.  Your contract

When making your booking we will arrange for you to enter into a contract with the supplier named on your receipt. As an agent we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The supplier’s Terms & Conditions will apply to your booking and we advise you to read these carefully as they do contain important information about your booking. Please ask us for copies of these if you do not have them.

You may wish to purchase flights, a ferry or other services on our website. Each component will be provided by different third party providers of the products you have selected. Your contract will be with the individual suppliers and not with us. Since you create your own travel arrangements by adding each component separately to create your own bespoke booking, this is not a package that we provide and therefore, unless the supplier provides such protection, you are not protected under the Package Travel Regulations (see section B above); and your booking may not benefit from ATOL protection either. Until a component has been confirmed by the individual supplier, no contract has been formed. 

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D2.  Cancellation and Amendment

Any cancellation or amendment request must be sent to us in writing, by email, fax or post, and will take effect from the day we receive it. Please ensure that you have received written confirmation of any changes to your booking prior to travel. Amendments and cancellations can only be accepted in accordance with the terms and conditions of the provider of your arrangements. The provider may charge the cancellation or amendment charges shown in their booking 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 we may ask you to pay an administration fee of £50 per person for any amendments. You will be notified of the exact charges at the time of amendment or cancellation and it is recommended that you contact us prior to amendment or cancellation in order to confirm the charges applicable.  
 

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D3.  Changes or Cancellations by the Supplier

We will inform you of any changes or cancellations as soon as reasonably possible. If the supplier offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the supplier is entitled to assume you wish to receive a full refund. We accept no liability for any changes or cancellations made to your arrangements by the supplier under your contract with them.

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D4.  Payment

If you have paid a deposit, you must pay the full balance by the balance due date notified to you. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their booking conditions.  In this event we will also charge you an administration fee of £50.  Except where otherwise advised or stated in the booking conditions of the supplier concerned, all monies you pay to us for arrangements will be held on behalf of the supplier(s) concerned.

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D5.  Our responsibility for your booking 

Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements 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 the commission earned in relation to 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.

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