Spanish holidays

Booking Conditions

Booking Conditions



Your holiday is probably the most important purchase you will make this year, so it is vital that you know exactly what your obligations are and what you will receive in return. When you book your holiday with Spanish Harbour Holidays you get the best of both worlds - the personal and caring service of a long established specialist holiday company and complete financial security because we are a trading division of TUI UK Ltd. These conditions form the basis of your contract with us. We believe them to be fair and reasonable - we think you will agree.

1 Your holiday booking
The party leader must be at least 18, must be authorised by all persons named on your holiday Confirmation to make the booking, including those added later, and must consent to our processing personal information about you and the other members of your party (see Data Protection in the A-Z of Your Holiday). All correspondence and documents are sent to the party leader who is responsible to us for all payments on the booking, for ensuring that party members are kept informed of booking details, and for any cancellation charges.

On receipt of deposit, we will send you your holiday confirmation. Accommodation and transport are only for the use of persons named on the confirmationinvoice. Please check the confirmation and any other documents carefully immediately on receipt. You must notify us within 7 days of issue if any detail is not correct.

A contract between you and us will come into existence when you have paid a deposit (or full payment within 10 weeks of departure) and we have despatched our confirmation invoice. All Telephone quotations will be confirmed in writing. Your contract with us is subject to the exclusive laws and jurisdiction of the Courts of the United Kingdom alone.

2 Payment
When you wish to confirm a booking you must pay the deposit and insurance premium, if required. A deposit of must be paid at the time of booking a package holiday.

Villas and Apartments
Sleeping up to 5 £100 per property
Sleeping up to 6 or more £200 per property

Hotels Acer Travel
£25 per person

Insurance
ask your holiday consultant for details

Ferry/Motorail/Hoverspeed
£50 per vehicle

Eurotunnel
£50 per vehicle

Flights
£50 per person or as specified

As we tailor each holiday to suit individual requirements, higher deposits may be required for selected properties, or for scheduled flights where it is necessary to secure the seats with full payment at the time of booking.These are non-refundable in the event of cancellation, and other conditions may also apply - these will be advised at the time of booking.

The balance of your holiday cost is due not less than 10 weeks prior to departure, as shown on the confirmationinvoice. If all payments are not made by the due date, we reserve the right to treat your holiday as cancelled by you, and charge you a cancellation charge up to 100% of the Final Invoice total in accordance with the scale in clause 6.

A 1.5% charge will be made on each payment using a credit card (e.g. Visa, Mastercard or Eurocard). No charge is made for payment by cheque or by debit card (e.g. Switch, Delta)

3 Holiday surcharge
We reserve the right to increase or decrease the prices of holidays in this brochure/website at any time. The price of your chosen holiday will be confirmed at the time of booking. Once the price is confirmed upon booking, then, unless you amend the booking after it is made, we only reserve the right to increase the price in the following circumstances. If our costs change, comprising an increase in transportation costs or as a result of currency fluctuations or government action, we will issue a Final Invoice showing the amount you still owe us.

If the increase would be 2% or less of the holiday price shown on your Holiday Invoice excluding insurance premiums and any amendment charges, we will absorb the changes in our costs described above and will only pass on any increase above that level. If any change in our costs would cause a reduction in your holiday price, we will not make refunds of amounts less than 2% of your holiday price (calculated as above), but we will refund amounts exceeding such 2% in full after deducting an administration charge of £0.50.

If the increase is more than 10% of the holiday price (calculated as above), then –

1. You may cancel your booking within 14 days of the Final Invoice date and receive a refund of all monies paid to us except any amendment charges; we will only consider an appropriate refund of insurance premium paid if you can show us that you are unable to transfer or re-use your policy.

2. The increase will be considered a Major Change as described in section 7 below and, unless you choose to cancel under paragraph 1 above, you will be entitled to the alternatives set out in that section for those circumstances, but you will always receive compensation in accordance with section 7.

The price quoted on the Final Invoice is guaranteed, unless you change your booking after it is issued. Any increases in our costs which occur after the Final Invoice has been sent will be borne by us.

4 Your holiday accommodation
This is reserved exclusively for the people named on the confirmationinvoice and no other persons are permitted to stay there unless this has been agreed with us in writing and paid for. Local communities expect certain standards of behaviour; you and your party are required to observe them.

You must vacate the accommodation during the morning on the day of departure to enable cleaning to be completed prior to the arrival of new guests. This is normally 10.00 a.m. and your arrival there should be from 4.00 p.m. onwards. The exact timing will be shown on your accommodation voucher.

Should you or any member of your party cause any breakages, loss or damage to the property or any item in it, a charge will be made locally to cover the cost of replacement or repair. A non-refundable premium of £2.75 per person will cover each person for up to £100 of accidental damage to the accommodation and its contents. Damage caused by wilful, careless or negligent behaviour is not covered by this charge. This will automatically be added to your booking unless you wish to pay a refundable deposit of £400. If you opt for the refundable deposit, you must state this clearly when booking. This deposit will only be refunded after your return from holiday less all applicable deductions. This will usually be approximately 28 days after you leave the property. However, if the property has a telephone, a deposit can only be refunded once details of any charges incurred have been received from the overseas telephone company. These charges will be deducted from your deposit, together with any applicable connection/reading charges. This will usually take approximately 10 weeks from the end of your holiday.

Where you request in advance and in writing, we will do our best to meet any special requests and provide any additional services requested, but no guarantee is given as this does not form part of the holiday contract. Our liability will be limited to refunding any supplement actually paid.

5 If you change your holiday
If you want to change your holiday arrangements, we will do our best to help but you must first send us a written request to do so. Because we tailor each holiday to suit each individual client's requirements and we are bound by the conditions of the transportation companies, it is not always possible to make changes. Any change that we make becomes effective when we have given you written confirmation of this and is subject to a charge of £15 per person per change, plus any charges imposed by any of our suppliers. Flights through scheduled airlines are based on APEX type fares and have restrictions on changing names, initials, etc., even before tickets are issued. Therefore, should you request a name change due to incorrect details given by you, we will pass on any airline administration costs. Any changed holiday arrangements must be taken during the same season as those originally booked. Excluding the next paragraph, no change can be made within eight weeks of departure. Any such change will be treated as a cancellation and will incur cancellation charges as set out in clause 6.

If you are booking more than accommodation alone then, if you are prevented from travelling, you may transfer your booking to someone else providing that:

1. You sign a letter authorising us to make the transfer;
2. The person you transfer your booking to must comply with all terms of the existing booking;
3. That person must confirm to us that they accept the transfer and the terms of our Booking Conditions;
4. That person must take out new Holiday Insurance, as your policy cannot be transferred to another person nor the premium refunded;
5. We will charge a fee of £25 per booking to cover the costs of processing your transfer and this will be added to the new Confirmation Invoice issued to that person;
6. You will remain responsible for the payment of any balance on that new Invoice should that person fail to pay it;
7. You cannot transfer a booking within 21 days of departure date. Should you lose your tickets, you will have to buy new tickets. Scheduled airlines, ferry and train operators usually charge the full ticket price, which may be reclaimed from them after a period of approximately three months. There will also be a charge for re-issue of charter flight tickets, which will vary but will not exceed £25.

If you want to make any changes to the booked arrangements whilst on holiday, for example upgrading your car hire, changing accommodation, duration etc., changes will be subject to availability. You must pay any extra costs or cancellation charges locally. All changes must be arranged with us in writing, either through our local representative/agent, area office or, if this is not possible, our head office in the UK.

6 If you cancel your holiday
If you or any member of your party wishes to cancel the booking or part of it, you must tell us in writing by recorded delivery or fax and sign it as the party leader. Cancellation will become effective from the date we received it in writing at our office.

All cancellations are subject to a charge payable by you. This is expressed below as a percentage of the total holiday price (or the total cost of the services being cancelled in the event of part cancellation) except for holiday insurance premiums which are not refundable.

Period before scheduled departure
when your cancellation notification
a is received: Cancellation charge
as % of total holiday
cost:

More than 56 days Deposit only*

55 to 43 days 30%

42 to 29 days 65%

28 to 8 days 90%

7 to 0 days, departure date,
or no show 100%

7 If we change or cancel your holiday
We have built our reputation upon fulfilling our obligations. However, occasionally we have to make changes to and correct errors in the brochure and other details both before and after bookings have been confirmed and to cancel confirmed bookings. Whilst we always try to avoid changes and cancellations, we reserve the right to do so. However, we promise we will not cancel your confirmed booking after your final invoice payment date unless you have failed to make payments by the due date or where we are forced to do so as a result of 'force majeure' as defined below.

Most changes are minor. Occasionally, we have to make a major change. Major changes include the following when made before departure; a change of your UK ferry port by more than 60 miles, your UK departure airport (excluding between London airports), your time of departure or return by more than twelve hours, your resort, or your accommodation. Your confirmation invoice will show the latest planned route timings. These will not be confirmed until despatch of tickets and may change after that due to circumstances beyond our control. We reserve the right to substitute airlines/aircraft and make any necessary alteration to your travel arrangements in a force majeure situation, including method of carriage, to enable us to fulfil our obligation to transport you to and from the resort and your UK departure airport. Please check your tickets carefully as soon as you receive them.

If we have to make a major change or cancel your booking, we will tell you as soon as possible, and you then have the following options: a. accepting the changed arrangements as offered by us, or b. accepting a replacement holiday from us of equivalent or closely similar standard and price, if one is available, or c. cancelling, in which case you will receive a full and quick refund of all monies you have paid to us.

You must tell us which option you wish to take within 7 days of our offer of the alternative holiday. If you do not, we will book the replacement holiday for you. Either way, we will always pay you compensation, using the table below. This standard payment will not affect your statutory or other legal rights.

Period before scheduled
departure within which a
major change or booking
cancellation is notified to
you: Compensation per
person*on package
holidays (per week
on accommodation
only holidays):

More than 56 days £0

55 to 43 days £20

42 to 29 days £30

28 to 15 days £40

14 days or less £50
*Excluding infants
Force majeure
We will not pay compensation:- 1. where the changes are due to war or threat of war, riots, civil strife, terrorist activity, industrial disputes, natural disasters, fire, epidemics, health risks, technical problems to transport beyond our control or that of our suppliers, closure or congestion of airports, stations or ports, cancellations or changes of schedules by carriers ceasing to operate, severe weather conditions and similar events outside our control, 2. where we cancel because you have failed to make payments on the due date, 3. to clients who have booked a special offer or late availability holiday.

Very rarely, we may be forced by 'force majeure' to curtail your holiday after departure but before your planned return date. This is extremely unlikely but if this situation does occur, we will not make any refunds (unless we receive refunds from our suppliers), pay compensation or meet any costs or expenses you incur as a result.

8 Our arrangements for your holiday
We will arrange for you to receive from us or from independent suppliers contracted by us the services that make up the holiday that you choose and we confirm. We are responsible for ensuring that each part of your holiday is supplied and to a reasonable standard, as described in this brochure and any amendments. If any part of your holiday is not supplied in that manner, or if a pre-booked excursion or tour is unavailable or cancelled, we will pay you appropriate compensation (but see Force Majeure above), which will include any refund of price difference for supplying lower-quality accommodation, but this payment will not exceed twice the total cost of your holiday. We will always return you to your original UK departure point, but all London airports and Dover/Folkestone count as one point.

9 If you have a complaint
In the unlikely event that you have a complaint whilst on holiday, you must immediately inform any local agent or representative of ours and the supplier of the services in question (e.g.: key holder, property owner, airline etc) so the matter can be resolved on the spot. If you are not completely satisfied with the solution offered or provided, you should immediately make this known in writing by completing the Incident Report Form which will either be included with your travel documents or available from our agent or representative. This form should immediately be handed to our agent or representative who will then convey the contents to our UK office. We shall try to resolve the matter and, if appropriate, we will confirm in writing any solutions agreed.

If you remain dissatisfied, you must write to us within 28 days of your return, giving full details of your complaint. Upon receipt of your letter we will acknowledge it within 5 days, investigate the points raised and reply within 28 days or, if this is not possible, send you an interim letter advising of our progress. If you do not enable us to resolve any problem in resort by reporting it promptly to the supplier and our representative/agent, we may not be able to deal positively with it on your return. Please submit any complaint within 28 days to allow it to be investigated properly.

If your complaint cannot be amicably settled, the dispute may be referred to arbitration under a scheme offered through the Association of British Travel Agents but operated by the Chartered Institute of Arbitrators. This is a cheap and simple scheme with limits on your costs, providing for arbitration on documents alone, so you do not have to appear in person. The arbitrator will only deal with your claim if:-
you are claiming up to £5,000 for each person or £15,000 for each booking form;
you contact them within 9 months of your return from holiday;
your complaint does not involve major physical injury or illness.

Details and application forms are available from ABTA, 68-71 Newman Street, London W1P 4AH. If you prefer, you can take your complaint to the County Court or another suitable court.

10 Insurance
We consider travel insurance to be so essential that it is a condition of booking that you take comprehensive insurance cover as recommended by Spanish Harbour Holidays or cover comparable to it. Details of the policy we recommend are shown in this brochure. If you decide not to purchase this insurance, you must ensure that you obtain suitable alternative insurance at the same time as booking your holiday. We accept no liability for the consequences of your travelling without adequate travel insurance.

Please read your policy details carefully. It is up to you to ensure that the insurance cover you take is adequate for your needs. Any pre-existing medical conditions must be notified direct to our recommended insurance company if you take that cover.

11 Our liability
Although we do not control the day-to-day operations of our suppliers, we accept responsibility for the acts and omissions of our employees, sub-contractors and local agents acting in the course of their employment if facilities or services which form part of the holiday which we have promised to provide are defective. However, in some countries, local standards will not be the same as in the UK and it is not always within our control to impose our own standards there.

We do not accept responsibility if your suffer illness, injury or death on holiday unless it is due to the negligence of our employees, agents, suppliers or sub-contractors acting in the course of their employment, and the incident is reported to the supplier and to us in resort and you write to us within three months of your return from holiday. In the case of accidents or claims arising from carriage by air, sea, or rail, compensation is limited in accordance with the relevant international conventions (and see Clause 13).

In the event that you suffer injury or illness whilst on holiday unconnected with arrangements made by us, we will offer help, guidance and any assistance which we can, provided you tell us about your illness or injury while you are in resort and ask us for help within three months of your return. This will be limited to a total cost to us of £5,000 per booking. You must make a claim under your insurance policy's legal expenses section, and must show us proof that your insurance company has received your claim, if we ask for it. If you get back the cost of legal expenses from your insurance company, you must repay us the amount we have spent helping you.

12 Holiday Participation
If, in the opinion of any person in authority such as an aircraft captain, accommodation owner or manager or senior Spanish Harbour employee, you appear to be unfit to travel or because of anti-social behaviour are likely to cause a disturbance to other passengers or damage to property, we reserve the right to terminate your holiday arrangements with us. We will not be liable to make alternative arrangements for other transport or accommodation nor will we cover any costs that you may incur or make any refunds. If this means you are not allowed to board your outbound flight, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges in accordance with clause 6.

13 The Conditions of your Ticket
When you travel by air or on water, the transport company's 'Conditions of Carriage' will apply to your journey. Some of these conditions may limit or exclude its liability to you and your party. You can ask us to send you a copy of any conditions that apply to your journey.


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