“Client” – you, the person / people purchasing accommodation or a package holiday
“SPL” – TrustClub limited trading as SPL Villas
“Package” - A “Package” exists if you book a combination of two of the following separate travel services: (a) transport; (b) accommodation; (c) rental of cars, motor vehicles or motorcycles (in certain circumstances); (d) any other tourist service not intrinsically part of one of the above travel services; provided that those separate travel services are purchased together at the same time through email correspondence with us and are selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
“Principal” – the owner of the property
1.1 The contract is for a short-term holiday letting and is made between the Client (you) and TrustClub Limited trading as SPL Villas (“SPL”), with company number 04394145 and registered office address of 53 Gildredge Road, Eastbourne, East Sussex, United Kingdom, BN21 4SF, acting as agent or sub agent on behalf of the property Owner (“Principal”). SPL are not acting as an agent for you.
1.2 The contract will be entered into when SPL issues the confirmation of booking by email and the Client makes a payment of either a deposit or the full amount as appropriate. The contract that you are entering into is with the principal and you will be bound by their terms and conditions. SPL will send you these terms and conditions at the time of booking. SPL take no responsibility for the provision of accommodation by the principal with whom you have entered into a contract with via SPL.
1.3 The Client who makes the booking and payment does so on behalf of the Client and all members of the Client’s party and the booking is confirmation of the Client’s and the Client’s party’s understanding and acceptance of these terms and conditions.
1.4 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:
A. they have read these Booking Conditions and have the authority to and does agree to be bound by them;
C. they are over 21 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that they, and all members of the party, are of the appropriate age to purchase those services;
D. they accept financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1.5 SPL act in the following capacities; as a Package Organiser in the sale of a Package Holiday (please see Section B, clause 18 for further details) and as a seller of a ‘single service’ booking (i.e. an accommodation only booking). This means that your contract will always be with us but our contractual obligations to you will vary depending upon whether you book a Package Holiday with us or whether you make a single service booking. Below we detail our differing obligations.
Section A - the following clauses are applicable to all bookings
2.1 Subject to 2.5 below all bookings are subject to a 20% non-refundable booking deposit for the villa accommodation (unless otherwise stated at time of booking). An invoice for the full Rental Charge will be issued when SPL confirms the booking details and a final invoice acknowledging full settlement will be issued prior to the holiday arrival date. The full balance is due 10 weeks prior to your holiday arrival date.
2.2 The rental charge is only fixed when the holiday is confirmed. Prices shown on the website or quoted by our staff are only a guide and SPL reserves the right to adjust prices for new bookings as it sees fit.
2.3 When appropriate the VAT on the services element of the charge will be included in the invoice total.
2.4 If the Client does not pay any invoiced amount by the due date the contract shall be deemed to be cancelled by the Client and any monies already paid shall be forfeited.
2.5 In the case of booking made less than 10 weeks before the holiday arrival date the rental charge is payable in full on booking. The booking date is therefore the due date for full payment.
2.6 When paying by bank transfer the Client must allow for bank processing time as SPL will only recognise settlement when funds are cleared. The Client must pay any charges levied by the remitting and receiving banks.
2.7 When you pay for your accommodation by credit or debit card, no surcharge is payable except where you pay for your booking using a commercial debit or credit card. In these circumstances, we reserve the right to levy a 2.0% handling charge for each payment made by these means.
2.8 When purchasing a villa holiday with SPL, using a credit card gives you the benefit of protection under section 75 of the Consumer Credit Act. The protection applies even if you have only made a deposit payment with your credit card. SPL will offer you this method of payment for your deposit and will then provide details for a bank transfer to be made for the final balance payment.
3.1 Any cancellation made by the Client for whatever reason shall be in writing via email or posted to SPL at its business address. If via email it must come from the Client’s email address.
3.2 If SPL receives a cancellation, then all monies paid are forfeited.
4.3 You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses, and repatriation in the event of accident or illness.
4.4 If you choose to travel without adequate insurance cover, we will not be liable for any losses arising, in respect of which insurance cover would otherwise have been available.4.5 Please note that in certain circumstances (including but not limited to in the event of any epidemic or pandemic), entry restrictions can be imposed at a destination with little or no notice and which may affect your ability to travel to or enter the destination. You must ensure you have sufficient travel insurance to cover any losses you incur as a result, including cancellation charges, as we will not be liable to you for any losses you incur in these circumstances.
4.6 It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure. For European itineraries you should obtain a completed and issued form EHIC prior to departure. Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa requirements from the Embassy, High Commission or Consulate of your destination or country/countries through which you are travelling.
4.7 We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
4.8 You are responsible for making yourself aware of Foreign Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly.
5.1 For any bookings made after 9th November 2021. If you wish to amend your holiday after it has been confirmed, (for example your chosen holiday date, accommodation or destination) we will do our best to make these changes but it may not always be possible. Where it is possible for us to make an amendment for you, the amendments will be subject to payment of an administration fee of £55 plus any additional costs imposed by any of our suppliers. Where we are unable to assist you with your amendment and should you not wish to proceed with your original booking, we will treat this as a cancellation by you. As such, you shall be liable to the cancellation fees above.
5.2 Any requested holiday amendments shall be in writing via email. This email must come from the lead customer's email address.
6.1 In the unlikely event that the property becomes unavailable following confirmation of the booking or changes are necessary to the booking for reasons outside the control of SPL or the Owner, SPL undertakes to notify the Client as soon as reasonably possible and may offer alternative accommodation of a similar type and standard in a similar location for the holiday week(s) subject to any necessary price adjustments.
6.2 If it is not possible to arrange alternative accommodation or if the Client does not wish to accept the alternative accommodation the booking will be cancelled with a full refund of all accommodation monies paid, less any credit card administration charge and neither SPL nor the property Owner shall have any further obligation or liability for non-availability changes or cancellation as referred to in this condition.
7.1 Should you be forced to return home earlier than planned, we will not refund the cost of any travel arrangements you have not used. If you cut short your booking and return home early in circumstances where you have no reasonable cause for complaint about the standard of the travel services provided we will not offer you any refund for that part of your holiday not completed or be liable for any associated costs you may incur. Depending on the circumstances, your travel insurance may offer cover for curtailment and we suggest that any claim is made directly with them.
8.1 Except where otherwise expressly stated, we do not accept liability for refunds, or pay any compensation if our contractual obligations to you are affected by Events Beyond Our Control.
8.2 For the purposes of these Booking Conditions, Events Beyond Our Control means any event beyond our, or our supplier’s control, the consequences of which could not have been avoided even if all reasonable measures had been taken. Examples include Brexit, warfare and acts of terrorism (and threat thereof), civil strife, significant risks to human health such as the outbreak of serious disease at the travel destination, a pandemic or epidemic, or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination or remain at the travel destination, the act of any government or other national or local authority including port or river authorities, industrial dispute, labour strikes, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, unavoidable technical problems with transport, flight restrictions imposed by any regulatory authority or other third party, an FCDO advisory against travel to a particular destination and any other government restrictions on travel, and all similar events outside our or the supplier(s) concerned’s control.
8.3 Many of the services which make up your holiday are provided by independent suppliers. These suppliers provide these services in accordance with their own terms and conditions which will form part of your contract. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable International Conventions.
9.1 Prior to the holiday if SPL is aware of planned construction work in the immediate vicinity of your property which in our opinion would severely affect the enjoyment of your holiday we will treat it as a case of non-availability and clause 6above will apply.
9.2 Whilst on holiday if SPL becomes aware of the commencement of construction which affects the enjoyment of your holiday our local staff will try to have the work stopped. If this is not possible SPL will not have any liability for disturbance or impairment of your holiday or any other effect of or loss resulting from the construction.
10.1 Accommodation ratings are displayed as provided by the relevant Principal. These are intended to give a guide to the services and facilities you should expect from your accommodation or other travel arrangements. 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.
11.1 Unless otherwise notified on your travel documents sent, the letting commences at 4:00pm on the day of arrival and ends at 10:00am on the day of departure.
12.1 The Client’s party occupying the property must not include anyone not named in the confirmed booking details. SPL and/or the Owners reserves the right to refuse entry to the property by the Client and all members of the Client’s party if this requirement is not observed.
12.2 The minimum age for the party leader is 21.
12.3 SPL reserves the right to refuse any party bookings which it reasonably believes may lead to undue disturbance to neighbours.
13.1 The vast majority of holidays are a great success but things can go wrong from time to time and it is essential to discuss any problems with the local management or representative all of whom are committed to ensuring the success of your holiday. Regrettably we cannot accept any complaints where the Client has not made reasonable attempts to bring to the attention of local staff.
13.2 Any complaints not resolved locally must be confirmed in writing to SPL within 28 days of your return. If the complaint is via email it must come from the Client’s email address.
13.3 If, despite our best efforts and having followed the above procedure for reporting and resolving your complaint, you feel that it has not been satisfactorily settled, we recommend that it is referred for arbitration under the ABTOT Travel Industry Arbitration Service. An Independent Arbitrator will review the documents relating to any complaint and deliver a binding decision to bring the matter to a close. A fee is payable by each party when an application for arbitration is submitted.
Details of this scheme are available from The Travel Industry Arbitration Service, administered by:
Dispute Settlement Services
9 Savill Road
This scheme cannot however decide in cases where the sums claimed exceed £5,000 per person or £10,000 per booking form, or not solely or mainly in respect of physical injury or illness or the consequences of such injury or illness, or solely or mainly in respect of a discrimination claim or any claim under the Equality Act.
14.1 The Client shall take reasonable and proper care of the property and its contents and leave it and them in the same state of repair and condition and in the same clean and tidy condition at the end of the holiday week(s) as at the beginning.
14.2 The Client and all members of the Client’s party shall not do or permit anything which may be a nuisance or cause damage or annoyance to any adjoining or neighbouring owner or occupier and in particular shall not make excessive or unreasonable noise in or around the property. Serious or persistent breach of this clause
14.2 shall entitle the Owner or SPL on behalf of the Owner to terminate the letting early without compensation.
14.3 The Client is liable to reimburse the property Owner (through the Owner’s agent SPL) on demand for all costs incurred in replacement, repair or otherwise where the Client or any member of the Client’s party is in breach this contract or any requirements.
14.4 SPL Villas charge a £15 per person, non refundable accidental damage waiver fee, which covers any accidental damage or breakage when Client is during period of occupation.
14.5 Payment for deliberate or malicious damage/breakages. We rely on the Client’s honestly to report, when in occupancy, any damage or breakages caused during the period of occupation. In all cases we reserve the right to charge for deliberate or malicious damage or breakage whether or not reported or found before departure in accordance with each Owner’s requirements. (Some Owner’s may require a refundable security deposit for damage or breakages and details will be found with the individual Booking documentation).
15.1 The Owner or the Owner’s representative shall have a right of entry to the property at all reasonable times for purposes of inspection or to carry out and necessary repairs or maintenance but (except in case of emergency) will endeavour to make a prior arrangement with the Client.
16.1 Neither SPL nor the property Owner nor their employees, servants and agents shall have any liability to the Client or any member of the Client’s party for any accident, loss, injury, damage, expense or inconvenience which may be suffered, incurred, arise out of or be in any way connected with the letting unless caused by their negligence or breach of contract when such liability shall be limited to the person so negligent or in breach.
16.2 Nothing in this contract shall create any rights for third parties under the Contracts (Rights of Third parties) Act 1999.
16.3 SPL will not be liable for the loss, damage or expense arising from cancellation or change to the booking details as a result of war, riots, civil commotion, strikes or other industrial action, disasters, terrorist activities, acts of God, acts of government or local authorities or of any other event outside the control of SPL.
17.1 SPL does not warrant and is not responsible for the accuracy of any verbal information given or statements made by their employees, servants or agents.
19.2 We endeavour to ensure that the descriptions, information and prices both on our website and in our advertising material are accurate; however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before you make your booking. Whilst every effort is made to ensure the accuracy of such information and prices at the time of printing, regrettably errors do occasionally occur. You must therefore ensure you check all details of your chosen arrangements with us at the time of booking.
20.1 For any bookings made from 1st January 2023, you will be covered under SPL Villas membership through ABTOT.
The Association of Bonded Travel Organisers Trust Limited (ABTOT) provides financial protection under The Package Travel and Linked Travel Arrangements Regulations 2018 for TrustClub Limited t/as SPL Villas, membership number 5473, and in the event of their insolvency, protection is provided for non-flight packages and accommodation only bookings.
ABTOT cover provides for a refund in the event you have not yet travelled or repatriation if transportation was included in your package. Please note that bookings made outside the UK are only protected by ABTOT when purchased directly with TrustClub Limited t/as SPL Villas.
In the unlikely event that you require assistance whilst abroad due to our financial failure, please call ABTOT’s 24/7 helpline on 01702 811397 and advise you are a customer of an ABTOT protected travel company.
You can access The Package Travel and Linked Travel Arrangements Regulations 2018 here: https://www.legislation.gov.uk/uksi/2018/634/contents/made
You can find out more about ABTOT here: https://www.abtot.com/
21.1 This agreement entitles a travel agent to 7 calendar days of credit with SPL Villas.
21.2. Any travel agent who is part of the Travel Ledger System is entitled to 7 calendar days of credit with SPL Villas.
21.3. For the avoidance of doubt, any company providing the payment system will not be a party to any agreement entered into directly between the travel agent and SPL Villas, and shall bear no responsibility for any arrangements entered into by the travel agent and SPL Villas accordingly.
21.4. The credit facility is not offered to any travel agent who is not part of the Travel Ledger system and normal payment terms shall therefore apply.
21.5. Credit is solely available for online bookings only.
21.6. For Package holiday bookings, a 10% deposit payment is due for the villa element of the package and full flight cost, plus the full cost of attraction tickets and other holiday extras. These payments are due by within 7 days on credit basis, or immediate payment if not.
21.7. For Villa only holidays, the deposit amount specified at time of booking is due within 7 days if on credit basis, or immediate payment if not.
21.8. The travel agent must have taken payment from the customer before proceeding with booking through SPL Villas. Any booking made on credit agreement will be charged through Travel Ledger and recouped by SPL Villas.
21.9. Should the payment not have been taken from the customer before proceedings with booking through SPL Villas, SPL Villas reserve the right to refer to this agreement in any breach of contract claim against the travel agent for non payment.
21.10. SPL Villas reserve the right to remove this credit facility at any time, with immediate effect and without prior notice given. This would be communicated to the Agent in writing.
If you have any dispute with SPL in respect of any booking or our actions as agent then we both agree this will be dealt with by the Courts of England and Wales.
23.1 You have booked a package holiday, if you meet the criteria detailed as a definition at the start of this contract and in line with the definition of The Package Travel and Linked Travel Arrangements Regulations 2018.
23.2 Please note that:
a. where you have booked a Package that lasts for less than 24 hours and which does not include overnight accommodation; or
b. where you have made a booking which consists of not more than one type of the travel services listed at (a) - (c) above (eg accommodation), combined with one or more tourist services (as listed at (d) above), this will not create a Package where the tourist services:
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the package; or
- are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will be treated as “Single Service” bookings and will not be afforded the benefit of the rights under the Package Travel and Linked Travel Arrangements Regulations 2018, please see Section C of this contract for the terms applicable to such arrangements.
24.1 We hold an Air Travel Organiser's License (ATOL) issued by the Civil Aviation Authority (CAA). This means that if you book a flight-inclusive holiday with us you can confident it will be financially protected by the ATOL scheme.
25.1 Our ATOL licence number12428. Please ask us to confirm what protection may apply to your booking. If you do not receive an ATOL Certificate then your booking will not be ATOL protected. If you do receive an ATOL Certificate but all parts of your trip are not listed on it, those parts will not be ATOL protected. For more information about and the financial protection provided by an ATOL Certificate please check our booking conditions or visit: https://www.atol.org.
25.2 We provide financial protection for flight-inclusive packages and ATOL protected flights by way of our Air Travel Organiser’s License number 12428., issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone: 0333 103 6350, email: firstname.lastname@example.org.
25.3 When you buy an ATOL protected product 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. For further information, visit the ATOL website at www.atol.org.uk.
25.4 re is an administration fee of £2.50 per person for our flight inclusive arrangement. The price of our flight inclusive arrangements excludes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is not included in our advertised prices. Not all holiday or travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom and European Economic Area (EEA). We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative).
25.6 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 (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable). 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.
25.7 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.
25.1 By clicking to book holiday arrangements and entering your personal and payment details on our website, you are making us an offer to purchase the arrangements selected, if they are available. When we receive this offer, we will contact the supplier of the arrangements concerned. Each supplier will require a short period of time to check to see if your chosen arrangements are still available at the price quoted.
Any payment you make at the time you are making your booking does not in itself mean that your booking is confirmed. Your booking is only confirmed when we send you email confirmation of booking. If your confirmed arrangements include a flight, we will issue you with an ATOL Certificate.
If, in the short time between your booking request and us seeking to confirm your booking with our supplier, the requested arrangements (or any element of a package) have become unavailable and we cannot obtain an alternative acceptable to you, you will receive a complete refund of any money you have paid for that product.
If the arrangements are available but not at the price quoted, we will contact you by telephone or by email to give you the option to purchase the arrangements at the revised priced.
26.1 If you wish to change any part of your booking after our confirmation invoice has been issued, you can contact us to see if your request can be accommodated. 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.
26.2 Where we can meet a request we will do so without an amendment fee, unless the change is made after you’ve paid for your holiday when a £55 per booking amendment fee applies, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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.
26.3 As we plan your arrangements many months in advance we may occasionally have to make changes or cancel your booking and we reserve the right to do so at any time.
26.4 If we make a minor change to your holiday, we will make reasonable efforts to inform you as soon as reasonably possible if there is time before your departure but we will have no liability to you.
27.1 If you or any other member of your party decides to cancel your confirmed booking you must notify us by email or our cancellation form. 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. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase. Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
27.2 You have the right to cancel your confirmed package before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your destination or its immediate vicinity and significantly affecting the performance of the package or significantly affecting the transport arrangements to the destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. Please note that your right to cancel in these circumstances will only apply where the Foreign, Commonwealth & Development Office advises against travel to your destination or its immediate vicinity, and only where you are due to travel to the affected destination imminently. For the purposes of this clause, “unavoidable and extraordinary circumstances” means warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely to the travel destination. This clause outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU)
27.3 We will not cancel your travel arrangements less than 70 days before your departure date, except for Events Beyond Our Control or failure by you to pay the final balance. We may cancel your holiday before this date if, e.g., the minimum number of clients required for a particular travel arrangement is not reached. If we have to make a significant 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:
(i) (for significant changes) accepting the changed arrangements; or
(ii) having a refund of all monies paid; or
(iii) accepting an offer of alternative travel arrangements of a comparable or higher standard from us, if available (at no extra cost); or
(iv) if available, accepting an offer of alternative arrangements of a lower standard, with a refund of the price difference between the original arrangements and the alternative arrangements; or
(v). a Refund Credit Note which is financially protected in accordance with this contract.
You must notify us of your choice within 7 days of our offer. If we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements, or the Refund Credit Note, as applicable.
27.4 If you or any other member of your party decides to cancel your confirmed booking you must notify us in writing as stipulated at clause 27.1.
27.5 The person to notify us of any cancellation must be the lead name on the booking. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase. Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
A. Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
B. Period before departure date within which written notification is received at our offices:
* excludes deposit paid, insurance premiums and amendment fees
28.1 We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below.
28.2 We are responsible for the proper provision of all travel services included in your package, as set out in your confirmation invoice. Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services and we can not remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your package you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. The level of any such price reduction or compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your itinerary. 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.
28.2 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 acts and/or omissions of the person affected; or (b) the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unavoidable and extraordinary; or (c) Events Beyond Our Control (as defined above).
28.3 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 required 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 up to three times 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. (c) Claims in respect of international travel by sea and rail, or any stay in a hotel: i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which include The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements).
28.4 In addition, you agree that the 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. ii) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), 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. iii) 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.
28.5 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.
28.6 Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.
28.7 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; (b) which relate to any business; or (c) which relate to indirect or consequential loss of any kind.
28.8 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 brochure or on our website.
28.9 Where it is impossible for you to return to your departure point as per the agreed return date of your package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. For the purposes of this clause, “unavoidable and extraordinary circumstances” mean warfare, acts of terrorism, significant risks to human health such as the outbreak of serious disease at the travel destination or natural disasters such as floods, earthquakes or weather conditions which make it impossible to travel safely back to your departure point.
29.1 If, whilst you are taking part in your itinerary, you find yourself in difficulty for any reason, we will offer you such prompt assistance as is appropriate in the circumstances. In particular, we will provide you with appropriate information on health services, local authorities and consular assistance, and assistance with distance communications and finding alternative travel arrangements. Where you require assistance which is not owing to any failure by us, our employees or sub-contractors we will not be liable for the costs of any alternative travel arrangements or other such assistance you require. Furthermore, we reserve the right to charge you a fee for our assistance in the event that the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
30.1 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. 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.
30.2 The carrier(s), flight timings and types of aircraft shown on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. The latest flight timings will be shown on your flight booking. You should check your flight booking very carefully immediately on receipt to ensure you have the correct flight times.
31.1 This section applies to all single service accommodation only bookings that you make with us, where your contract is with us. Please read this section in conjunction with Section A of these Booking Conditions.
31.2 Please note that single service bookings do not offer financial insolvency protection through our ATOL bonding but this does not affect your rights to our cancellation, amendment and refund policies.
32.1 If, after confirmation, you wish to change your booking in any way, we will endeavour to make these changes if they are possible. Where we can meet a request we will do so without an amendment fee, unless the change is made after you’ve paid for your holiday when a £55 per booking amendment fee applies, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.
32.2 There are also additional terms or specific amendments made at any time of the year, as detailed below:
32.3 If we have to significantly change or cancel your confirmed booking due to Events Beyond Our Control (see above), we regret to inform you that we will be unable to make any refunds, pay you any compensation or meet any costs or expenses you incur as a result, except and to the extent we manage to recover any such monies from our suppliers. You are required to purchase travel insurance which provides cover for your costs where we have to cancel your booking in these circumstances.
32.4 Where we are required to significantly change or cancel your booking for any reason which is within our reasonable control and where we cannot provide you with a suitable alternative, a full refund of all monies paid will be made to you. However, we will have no further liability to you and we cannot meet any expenses or losses that you may incur as a result of any such change or cancellation.
33.1 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.
33.2 The person to notify us of any cancellation must be the lead name on the booking. Should one or more member of a party cancel, it may increase the per person holiday price of those still travelling and you will be liable to pay this increase. Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows:
A. Where possible, we will deduct the cancellation charge(s) from any monies you have already paid to us. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 (Directive 2011/83/EU).
B. Period before departure date within which written notification is received at our offices:
* excludes deposit paid, insurance premiums and amendment fees
34.1 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.
34.2 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.
34.3 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 required 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 three times 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.
34.4 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.
34.5 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.
34.6 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.
34.7 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 brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
34.8 SPL Villas does not act as Principal for accommodation only bookings for direct customers. Upon booking accommodation only, SPL Villas will advise as to who the Principal supplier is for the accommodation.
34.9 SPL Villas acts as Principal for the accommodation element for accommodation only bookings when booked by a travel agent. This includes our entire online portfolio, except for the villas in Italy. For any accommodation only bookings made with properties in Italy, SPL Villas will advise as to who the Principal supplier is for the accommodation at time of booking.
Last modified 6th December 2023