Terms and Conditions
Please read carefully the terms and conditions below...
THE CONTRACT
Bookings can be made by telephone, fax, e-mail or post. Bookings between OVP Travel Ltd registered in England No: 4848444 (hereafter called the Company) and the person making the booking (hereafter called the Client) are valid after:
(a). The booking form has been completed, signed by the Client and received by the Company.
(b). The appropriate deposit has been paid to the Company.
(c). The booking has been confirmed to the Client in writing.
(d). The Client has taken out an appropriate insurance policy which is equivalent to that policyoffered by the Company and the booking form has been signed to that effect.
(e). By signing the booking form the Client accepts these terms and confirms that he/she has readthe General Information section. The information referred to on this page forms part of the contract. All items are important and your particular attention is drawn to the Your Responsibilitiessection.
If there is not enough time for us to send you written confirmation, ie: the booking is made 14 days prior to departure, the contract will commence when your booking is confirmed. If payment is not received immediately, the Company reserves the right to cancel the booking and retain any deposit paid by the Client. By signing the booking form the Client accepts responsibility for all the payments in respect of the booking. All documents and information will be sent to the Client at the address provided on the booking form for all the members of their party.
PAYMENT
The balance of the rental cost shown on the invoice must be paid 10 weeks before departure.No reminder will be sent. If the booking takes place less than 10 weeks before departure then thebalance is due immediately. If the balance is not received at least 8 weeks before departure the Company reserves the right to cancel the relevant booking and retain any deposit held in respect of the same.
AMENDMENTS BY THE CLIENT
If, after confirmation, the Client wishes to change any details of the booking the Company will use its best endeavours to comply. The request should be made in writing. An amendment fee of £15 per person named on the booking form (maximum £45 per booking) in addition to the increase, if any, in the cost of the revised arrangements, may be charged for each detail of the booking changed save in the case of a substitution when the fee will be £15 per person substituted. In the event that within 6 weeks of departure the client wishes to change the booking date to a later date the cancellation charges specified may apply and will be at the discretion of the Company.
Insurance premiums are not refundable or transferable and in the case of a substitution an additional premium would therefore be payable in respect of each new person included in that booking. No refund will be made for unused accommodation or services during an independent variation of a holiday.
CANCELLATION BY THE CLIENT
Any cancellation by the Client must be notified in writing directly to the Company. Insurance costs are non-refundable. If the Company receives the notification of cancellation more than 42 days before departure, only the deposit and the insurance will be retained by the Company. If less than 42 then the following charges apply:
42-29 days - 30% of total cost.
28-15 days - 45% of total cost.
14-7 days - 60% of total cost.
7-0 and onwards * - 100% of total cost
*This applies to the cancellation of pre-booked accommodation, car hire and other services during your holiday. It is essential that Clients take out holiday insurance, which covers loss of deposits, etc.
AMENDMENTS BY THE COMPANY
Some modifications and alterations to property may be made after this brochure goes to print. If they are major and we are made aware we will inform you; however, we cannot accept responsibility for minor changes, building work, water and mains services, neighbours and items beyond our control. See Our Responsibilities section.
CANCELLATION BY THE COMPANY
We reserve the right in any circumstances to cancel your rental. However, in no case will we cancel your holiday less than 8 weeks before the scheduled departure date except for reasons of Force Majeure or failure on your part to pay the final balance. In circumstances where we are unable to provide the rental booked, we will return to you all monies paid, or offer an alternative rental of comparable standard. The Company is unable to accept responsibility for any aspect of your rental affected by matters over which we have no control (Force Majeure). If cancellation or change is brought about by war, riots, civil commotion, strikes, disasters, terrorist activities, technical problems with transportation which may affect the service of hotels or properties abroad, the re-scheduling or
delay of aircraft or other transportation or other events outside the control of the company, the Company shall not be held responsible in any way.
We reserve the right at all times to cancel or terminate a rental completely if the conduct of any member of any party is considered likely to cause offence, danger, damage or distress to others.
Our representatives, where they consider the behaviour to be unacceptable, are authorised to cancel a rental wherever and whenever necessary. The Company’s responsibility will cease, and there will be no obligation to cover any expenses incurred by the party as a result of cancellation brought about in these circumstances. No claims will be accepted for refunds or compensation
whatsoever. Cancellation charges will be enforced.
OUR RESPONSIBILITIES
We accept responsibility for ensuring the accommodation, which you book with us is supplied as described in this brochure and the services offered reach a reasonable standard based on the information given within the brochure and documentation provided before the commencement of your stay. If any part is not provided as promised, we will pay you appropriate compensation if this has materially affected the enjoyment of your holiday. Our liability in all cases shall be limited to a maximum of two times the value of the holiday or that portion of it affected. We act solely as agents for other suppliers, such as car hire companies, excursion, tennis,golf, ski providers and spa facilities and as such cannot accept any liability for loss, damage, injury or death in the use of any such suppliers and these individual suppliers terms and conditions will be relevant in all cases.
The Company does not accept liability for loss of main services such as electricity or water supplies, nor any actions taken in the vicinity of the property by any authority over which there is no control. Refunds or compensation would not be payable and cancellation charges would still apply. With regard to building work, we would of course inform you of any building work that occurs at your chosen property or in its grounds (save that being for maintenance). Building work and noise outside the boundaries of the property is beyond our control; however, we will endeavour to inform you should we consider it might directly affect our brochure description of the property or would materially effect any special request made by clients - see Your Responsibilities.
There may be occasions where an advertised facility is either modified or not available. Such situations may be dictated by local circumstances, necessity for maintenance (e.g. swimming pools),unsuitable weather conditions, fuel shortages, power cuts and other circumstances beyond our
control. If we are advised of this we will endeavour to inform you, but the Company cannot be held liable in such circumstances.
TRANSPORTATION
When you contact us to book accommodation, you appoint us to act as your agent in providing accommodation and other arrangements on your behalf for which we may receive a commission.
When we have done so and you have paid the required deposit, we will confirm your holiday in writing and accept the responsibility for the provision of your accommodation from that point onwards. The Company has taken all reasonable steps to ensure that operators of ancillary services used by the Company in the UK and abroad are reputable. The Client accepts that the booking is subject to the terms and conditions of the Company and our suppliers. Details of these are available on written request from the Company.
YOUR RESPONSIBILITIES & WHAT YOU MUST TELL US
All baggage, including personal articles, is at all times and under all circumstances at ‘owner’s risk’. The Company undertakes to provide clients with the correct information with regard to passports and visa requirements for their journey but accepts no responsibility for the Client’s failure to carry passports, visas or documents required for the journey.
All accommodation is booked exclusively for the persons named on the booking form. No other persons or pets may use the accommodation without the express permission of the Company. The Company or its representatives shall be permitted access to the holiday accommodation at all reasonable times during the holiday occupancy by the Client. Any loss or damage to the accommodation caused by the Client or other persons occupying the property and any extended stay beyond the period booked will be charged by the Company to the lead passenger of the party.
by the use of the credit card provided on the booking form and a Damage Waiver Form that you will be asked to sign on arrival at your accommodation.
If on arrival, you find any damage not caused by your party please immediately bring this to our representative’s attention. Please leave your property clean and tidy. We reserve the right to levy an additional charge if left dirty, and in such circumstances our representative may request payment on site.
In our factual descriptions of property we describe the detail of your chosen accommodation. Items such as descriptive opinions, location, approach, aspect and contents will vary. Should you feel that any of these elements require clarification please ask. Everyone’s interpretations and expectations are different; for example, a steep hill, no dishwasher and an inland view may be of little consequence or even desirable to some, while for others this would detract from the enjoyment of their holiday. If we are told in advance in writing of any priorities or needs we can usually deliver your requirements. Without this, subsequent claims on your return are impossible for us to entertain. Similarly should you have a disability or special request please check with us so we can make suitable enquiries and arrangements for you.
COMPLAINTS PROCEDURES
Should you, while renting one of our properties, have any reason to complain, our local representative must be informed and a Holiday Report Form requested and completed. In most circumstances a remedy will be found and you will be asked to sign to that effect and that no further action will be sought or needs to be undertaken by either party. If our area manager is unobtainable or you are not entirely satisfied you should telephone us in the UK and register your complaint so that we can contact our agents to resolve the problem.
Finally, if the matter has not been concluded, you should follow up on your return home by writing to us within 28 days stating what course of action/settlement you are seeking. These procedures have been formulated because our aim is that all our clients are satisfied with the services, accommodation and transport we supply and ensures we are always given the opportunity to correct any problems at source.
In the extremely unlikely event that this is not done to your satisfaction it means that the causes of your dissatisfaction are properly logged so that we can consider any claims you wish to make in the light of signed and agreed documentary evidence. If these procedures are not adhered to, and/or no opportunity is given to us to remedy the situation, we will not accept any liability to subsequent
claims. This is a strict condition of our terms in accepting your booking but does not affect your statutory rights.
DATA PROTECTION
To ensure that your holiday runs smoothly, we (and your travel agent, if you use one) need to use information such as your name and address, special needs, dietary requirements, etc. We will apply appropriate security measures to protect this data, however, we may have to pass it to suppliers such as transfer companies, car hire companies and our overseas representatives. Information held by your travel agent is subject to that company’s own data protection policy. We can supply a copy of your information held by us. There may be a small charge for providing this.
ARBITRATION
It is unlikely that you will have a complaint that cannot be settled amicably between us. However disputes to do with this contract which cannot be settled, may (if you wish) be referred to Arbitration under a special scheme which is arranged by the Association of British Travel Agents (ABTA), but it
is administered independently by the Chartered Institute of Arbitrators. The scheme provides for a simple and inexpensive method of Arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply for claims of any amount greater than £5,000 per person or £25,000 per booking form. It also does not apply to claims, which relate to physical injury or illness. If you choose to proceed to Arbitration under this scheme, you must send a written
notice of your decision to ABTA within 9 months after your scheduled date of return. Full details of this scheme are available from ABTA at 68-71 Newman Street, London W1P 4AH.
BEHAVIOUR
At all times during your holiday, you are expected to have consideration for your fellow holidaymakers and other third parties. If in the opinion of ourselves, accommodation owner or other person in authority, you are or appear to be behaving in such a way as to cause, or to be likely to cause, danger, distress, annoyance or damage to property, either ourselves or the supplier concerned may terminate your holiday arrangements. In this situation, we will have no further
liability to you and will not be responsible for meeting any expenses you incur as a result, making any refund or paying any compensation. In addition, you will be responsible for any expenses we incur as a result of your behaviour.
PRICES
All prices in this brochure are in Sterling and correct at time of print. We reserve the right to change our prices any time prior to your booking. If the surcharge amounts to more than 10% of the holiday price, you will be entitled to cancel your holiday with a full refund of all money paid except for any premium paid to us for holiday insurance and amendment charges. Should you decide to cancel because of this you must exercise your right to do so within 14 days from the issue date printed on the invoice. We also reserve the right to revise prices for new bookings in the event of any changes. Prices for items such as cleaning, excursions and prebookable items are subject to change, correct prices will be confirmed at the time of booking.
TRAVEL INSURANCE
OVP Travel offers travel insurance. If you wish to make alternative insurance arrangements andobtain at least comparable cover you must sign the booking form to that effect and you may be requested to sign an additional indemnity form.
LAW
These conditions shall be governed by English Law. Information contained in this brochure is believed to be correct at time of going to press.
FLIGHTS
We do not arrange flights as part of our holiday services. We include accommodation, car hire, insurance, and pre-bookable excursions and sports activities. To enable you to take advantage of our flexible durations, you can arrange your flights through one of the many airlines operating to either Malaga or Gibraltar. You can also use the search facilities on our web site www.ovptravel.com, or you can contact your local travel agent who will be pleased to arrange the flights for you. We can arrange to hold an option on your accommodation, whilst your flight arrangements are being made.
AIR CONDITIONING
As all our apartments are privately owned, not all have air conditioning. We make no extra charge for those with air conditioning, We will endeavour to meet all requests for this facility, but these cannot be guaranteed.
BUILDING WORK
As the Costa del Sol is currently being developed, building work is unavoidable as the demand for new accommodation increases.
HEALTH AND SAFETY
OVP take your health and safety very seriously, and your accommodation will be equipped with information folders, fire extinguishers, fire exit signs, patio door stickers, and smoke detector. We ask that all our customers take the same care on holiday as they would at home. Lock doors and windows, and take care on balconies, stairs etc.
