BOOKING TERMS AND CONDITIONS

Al Fresco Holidays is a trading name of Greenbank Holidays Ltd, part of the Homair Vacances group. Your contract will be with Greenbank Holidays Ltd and any reference to ‘we’, ‘us’ and ‘our’ in these booking conditions is to Greenbank Holidays Ltd. The address for Greenbank Holidays Ltd is The Exchange Suite 1, Second Floor, Bank Street, Bury BL9 0DN.  Our telephone number is 0161 332 8900 and our email address is enquiries@alfresco-holidays.com. The following terms and conditions will apply to your contract with us and they are correct as the time this brochure was printed – for the most up to date terms and conditions please check our website. Your contract will be governed by English law and the English courts will have exclusive jurisdiction of any dispute. Greenbank Holidays Limited is an Appointed Representative of ITC Compliance Ltd which is authorised and regulated by the Financial Conduct Authority (FCA). Our obligation to you is to take reasonable skill and care in providing the travel services you have contracted with us for. If we arrange to provide you with accommodation only or some other travel service then our liability to you is limited to using reasonable skill and care in selecting the Supplier.  If you have booked a package holiday within the meaning of The Package Travel Regulations 1992 then we are responsible for the proper performance of the package holiday contract. Where we arrange a travel service on your behalf, for example provision of accommodation, we may do so as an Agent of you or the Supplier in which case your contract will be with the Supplier whose terms and Conditions will apply to your booking.

Brochure information and prices We publish brochures many months before you go on holiday and take reasonable care to ensure that all information is correct at the time of printing. However, things may change after the brochure has been published and you agree that we have the right to amend your contract to provide a suitable alternative where changes are necessary. We reserve the right to increase or decrease our prices from time to time, for example, due to changes in exchange rates, supplier’s prices or travel costs. We will inform you of the up-to-date price of your holiday before you book where we reasonably can. If changes to transportation costs, taxes, dues or fees arise after you have booked but before you have paid for your holiday in full, we may pass on differences in cost, however we will absorb an increase of up to 2% of the cost of your holiday (excluding insurance premiums and amendment fees). If the price of your holiday increases by more than 8% you will be entitled to cancel your holiday with a full refund but no compensation will be payable by us (refer to ‘Changes made by us’ below). If there are any other significant changes or we find any mistakes, we will advise you of this latest information at the time of booking or, if you have already booked, as soon as reasonably possible afterwards. Please check our website www.alfresco-holidays.com for the latest information on facilities and services offered at your chosen destination, and in your chosen accommodation, before booking.

Your Contract Once you have paid a deposit or the full cost of your holiday, a contract will exist between us. Our contract is binding on you and all members of your party whose authority you warrant you have in making the booking. It is your responsibility to ensure that you and all members of your party are aware of and accept to be bound by our contract and the terms and conditions contained in it.  We will issue an invoice, in your secure ‘Your Al Fresco” log in area on our website, confirming the main characteristics of your holiday. Please check your invoice carefully and contact us within 48 hours if you have any queries. Full payment must be received by us at least 12 weeks before departure otherwise we will be entitled to cancel your holiday with loss of deposit. Except for flight inclusive bookings, all monies you pay to an authorised travel agent will be held by the agent on your behalf until we issue an invoice, at which point, your agent will hold monies on our behalf. We reserve the right to refuse to take a booking.

Financial security Greenbank Holidays Ltd hold an Air Travel Organiser’s Licence issued by the Civil Aviation Authority (CAA) (ATOL number 9139). This means the holidays in this brochure which include a flight are ATOL protected. We, or the suppliers identified on your ATOL Certificate, will provide you with the services you have bought (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 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 any money outstanding will 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 flight inclusive bookings, all monies paid to any authorised travel agent of ours for your holiday with us will be held on behalf of and for the benefit of the Trustees of the Air Travel Trust subject to the travel agent’s obligation to pay such monies to us in accordance with our trading terms unless we fail. In the unlikely event of our financial failure, all monies then held by the travel agent or subsequently paid by you to the travel agent will be held by the agent on behalf of and for the benefit of the Trustees of the Air Travel Trust without any obligation on the agent to pay such monies to us. 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. For further information, visit the ATOL website at www.atol.org.uk

Greenbank Holidays Ltd is a member of ABTA (ABTA no V2310) This means the holidays in this brochure which do not include a flight are protected by ABTA. For further information on the benefits and financial protection provided by ABTA, visit the ABTA website at www.abta.com

Transport Conditions and delays We use independent transport operators and you are bound by their conditions of carriage. These are available on request or on the transport provider’s website or at terminal of departure.  If we are notified of a significant delay or change of schedule by the travel operator, we will contact you where reasonably possible before departure to inform you of this.

Planning your journey It is your responsibility to plan your journey and we will not offer a refund for unused accommodation or travel if insufficient time has been allowed for travelling.

Facilities Sometimes facilities or travel services described in the brochure or booked by you may be withdrawn or not fully available for reasons over which we have no control. You agree and accept that some  facilities may not available during low season. If we are aware in advance that a significant number of facilities normally available at the time of your stay will not be available we may treat this as a significant change to your booking and the provisions below under “Changes made by us” will apply. 

Special requests/needs Special requests must be indicated to us at the time of booking, however, they cannot be guaranteed. Any customer with restricted mobility, or particular care requirements must inform us at the time of booking. Whilst we will use reasonable endeavours to accommodate such needs, they cannot be guaranteed unless we confirm this to you and if we are not informed we will not be liable for any loss.

House Cleaning deposit On arrival you will  be asked to pay a deposit of £50 (€60) which is refundable providing you leave the accommodation as clean and as tidy as you found it. For security reasons UK cheques are preferred. Unfortunately we cannot accept credit cards or debit cards on site.

Equipment damage waiver When you book your holiday you have the option to pay a non-refundable equipment damage waiver of £2.00 per day. This exempts you from paying a second deposit of £50 (€60) on arrival to cover the cost of accidental damage to accommodation and equipment. Group reservations of 6 holiday homes or more may be subject to an additional waiver fee which will be discussed at the time of booking, if it applies to your parc or holiday home.

Changes made by you If after our contract is formed you would like to make any amendments to your booking you can contact us to see if your request can be accommodated. However, please note that any amendment is subject to availability. All amendments will be subject to a £30 amendment fee plus any additional cost arising from the amendment you wish to make, including costs of alternate accommodation, extra party members or additional services. There are also additional charges for specific amendments made at any time of the year, as detailed below:

• Once our contract is formed it may not be possible to reduce the number of nights in your chosen accommodation.

• If you make a change within 12 weeks of departure we will not refund any reduction in holiday price.

• A change of date by more than 2 weeks will require a cancellation of your original holiday and the booking of a new holiday.

• If you amend or cancel your travel arrangements or you lose your travel tickets, you must pay for any extra charges or cancellation fees levied by operators. This includes flight, rail, Irish ferries and car hire bookings where, at the very least, you will lose the additional deposit paid.

Cancellation by you The lead member of your party must give notice to cancel in writing. Please submit a cancellation form on our website or by email to enquiries@alfresco-holidays.com. The date of cancellation will be the date we receive your written instruction. In this event a cancellation charge will become payable by you to cover our reasonable costs including any cancellation charges set by third party operators. In addition t o retaining your deposit and any amendment charges you have paid, you must pay the charges shown below which may be recoverable by you under your travel insurance policy, depending on its terms:

Number of days  before departure

Cancellation charge as % of total holiday cost*

More than 84 days

29 - 84 days

22 - 28 days

14 - 21 days

Less than 14 days

Loss of deposit

50%

70%

90%

100%


*excludes deposit paid, insurance premiums, amendment fees, train and flight costs and any non refundable ferry deposits.

Changes made by us From time to time we may have to change your holiday arrangements and if so, we will notify you as soon as reasonably possible. If changes made before departure will have a significant* effect on your holiday we will offer you the opportunity to decide whether you wish to: (a) withdraw from our contract without penalty receiving a full refund of all monies you have paid to us; or (b) accept the changed arrangements and continue with your booking; or (c) accept our offer of a substitute holiday (where possible) which is of equal or higher value than that which you booked (which will be offered subject to you paying any price differential between the two holidays). We will refund any difference in price where the substitute holiday accepted is of lower value.

*A significant change includes a change of destination where location and/or facilities offered significantly differ from those originally booked, lowering the standard of your accommodation where the stay was for a minimum of 3 nights, a change of departure time by more than 12 hours or a cost increase of more than 10%. On rare occasions we may have to cancel your holiday. In addition, if we make a significant change before departure (unless the change is a result of circumstances listed under the heading ‘Changes for reasons beyond our control’) or have to cancel your holiday, we may pay compensation where it is appropriate. The following are guidelines only in respect of the amount which we may pay.

Number of days 

(between notification of change & departure*)

Compensation if you continue

(per party as % of total holiday cost*)

Compensation if you cancel

(per party as % of total holiday cost*)

 

Over 84 days

29 - 84 days

22 - 28 days

14 - 21 days

Less than 14 days

Nil

10%

12.5%

15%

20%

Nil

5%

5%

8%

10%

*
excludes insurance premiums, amendment fees and flight costs.

 

If changes are necessary after departure, we will reasonably endeavour to make alternative arrangements so that you can continue your holiday wherever possible or, if you do not wish to accept the changes, we will make arrangements for you to return home. If appropriate, we will pay compensation in line with the above except where extraordinary circumstances over which we have no control cause the cancellation or curtailment of your booking.

Changes for reasons beyond our control Some changes are necessary because of unusual and unforeseeable circumstances which neither we nor our suppliers could foresee or avoid, even with all due care. These circumstances include industrial disputes, closure or congestion of ports or airports, road blockades, unavoidable technical transport problems, war, civil unrest, terrorist activity, natural or nuclear disaster, epidemic or disease, adverse weather conditions, natural or man made disasters or similar events. In these circumstances, you will not be entitled to refund or compensation.

Passports and Visas Your specific passport and visa requirements, and other immigration requirements are your responsibility and you should confirm these with the relevant Embassies and/or Consulates. We do not accept any responsibility if you cannot travel because you have not complied with any passport, visa or immigration requirements.

Our liability to you is to use reasonable skill and care in performing our contractual obligations. In accordance with these booking conditions we may accept responsibility if any of the services we agree to provide as part of our contract are not reasonably performed by us. Where you have purchased a package holiday from us in accordance with The Package Travel regulations 1992 we will also accept responsibility for the improper performance of our employees, agents, suppliers and sub-contractors, whilst performing services forming part of your contract with us and which you prove cause you loss or damage. Please note that standards at your holiday destinations may not be the same as those in the UK and our obligations to you are met so long as we and/or our Suppliers comply with the local standards in force at the time.

We will not accept responsibility for any circumstances listed under the heading ‘Changes for reasons beyond our control’ or failures which are either attributable to you or to a third party unconnected with our contract or for failures of any Suppliers of travel services with whom you have a direct contract. Where any claim or part claim concerns travel arrangements provided by air, sea, rail or road carriers (including the process of getting on and/or off the transport concerned), or any stay in a hotel which we agree to supply to you as part of our contract, any payment will be limited to that which is recoverable under the international convention which applies to the travel arrangements or hotel stay in question. For example, the Warsaw Convention for international travel by air and the Athens Convention for international travel by sea. 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. The sums payable for death, personal injury or loss/damage to belongings may be limited under these conventions and you may therefore wish to consider taking out extra insurance cover. In all cases (other than death or personal injury), the most we will have to pay if we are found liable on any basis is twice the price the person affected paid for the holiday (excluding insurance premiums and cancellation charges) but this will not be payable in all cases.

Liability 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. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions (see above). Copies of these terms and conditions are available on request from us or the supplier concerned.

Your responsibility We want all our customers to have an enjoyable holiday but you must remember that you are responsible for your actions and the effect they may have on others. You must abide by rules issued by the local management of your chosen destination or transport operator regulations, take reasonable care of your accommodation and take precautions for your own safety. If we (or another person in authority) believe your actions could upset others or put them in danger, or damage property, we may end your holiday. This could mean you are prevented from using your accommodation or using the transport we have arranged. If this happens we will not pay compensation or meet any expenses you incur as a result. It may also mean that we will not accept a future booking from you and you may also be responsible for any loss or damage we incur.

Children’s supervision & parental responsibility You are responsible for the supervision of all members of your party under the age of 21. You must supervise your children and babies at all times unless a child is participating in any supervised activity. This is particularly important in all children’s play areas, in licensed areas, close to lakes and waterways, whilst cycling and in swimming pools. You must collect your child(ren) from supervised activities at the appointed time.

Data protection and your privacy

Please read the Al Fresco Holidays Privacy Policy available at www.alfresco-holidays.com/information/privacy-policy-and-cookies. If you would like to receive a printed version please contact us to arrange this for you. The Privacy Policy helps you understand how Al Fresco Holidays may collect and use your personal data in detail. Your booking: In order to process your booking and to help us provide you with a more personal service we need to collect certain information from you, including (where applicable) name, address, age of party members, credit/debit card or other payment details, mobile phone numbers, email address and any other special requirements which may affect your arrangements. We take full responsibility for ensuring that proper security measures are in place to protect your information. We may need to pass some of this information on to 3rd parties, for example, suppliers of your travel and holiday arrangements such as airlines, hotels, transfer companies, postal companies, etc. These companies are all based within the European Union except for Serenova who will securely store your information in the European Union and the United States of America. In making this booking, you consent to the information being passed on to relevant organisations in their respective locations. The information may also be provided to security or credit checking companies, public authorities such as customs/immigration if required by them, or as requested by law. Under Data Protection legislation, we believe we can demonstrate that we have a Legitimate Interest in using your data for some marketing purposes, such as sending you the next season’s brochure, however, you always have a choice. Nevertheless, if you want to receive communications from us, for example our next season’s brochure, please specifically signify your consent to us using your personal data to send you such and similar marketing materials/communications, by clicking the “opt into receiving marketing communications”. Please check our Privacy Policy for more details on how you can, at any time, opt-out of our use of your data, or you can opt out by clicking the unsubscribe link on the bottom of any email newsletter or alternatively, please contact us to arrange this for you. Please note: if you do unsubscribe from promotional contacts, you will still receive essential calls, SMS text and email communications specifically relating to a booking you have with us.

If you have a complaint If you have any reason to complain, you must complain on the spot or as soon as possible to the relevant person (for example, your representative or resort management) who will do everything reasonably possible to resolve the problem. If the problem is not resolved, please call us on 0044 161 332 8900 or email customerservices@alfresco-holidays.com. Failure to take these steps and give us an opportunity to make things right at the time will significantly affect your ability to seek compensation later. If you are not satisfied with how your complaint was dealt with when you were on holiday, please complete and submit a Complaints Form on our website within 28 days of returning home. We are a Member of ABTA, membership number V2310. We are obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found on www.abta.com. You can also access the European Commission Online Dispute (ODR) Resolution platform at http://ec.europa.eu/consumers/odr/.This ODR platform is a means of notifying us of your complaint; it will not determine how your complaint should be resolved. The above applies only to services supplied by Greenbank Holidays Ltd and does not apply to services featured in this brochure that are provided by any other company. Law and jurisdiction This booking is governed by English Law, and the jurisdiction of the English Courts. You may however choose the law and jurisdiction of Scotland or Northern Ireland if you live there and wish to do so. Publication date November 2018.

The above applies only to services supplied by Greenbank Holidays Ltd and does not apply to services featured in this brochure that are provided by any other company.  Publication date 26 April 2018.