1. Tenerife Sun Vacations will act as an agent in the booking of your accommodation and your contract will be with the accommodation provider/owner (referred to from now on as the principal). All accommodations which we provide or sold through us are not on offer by us to sell any accommodation but an invitation to you to make an offer to the suppliers of the accommodation. We are free to accept that offer on behalf of those suppliers or reject it.
2. PRICES: We reserve the right to alter any of our advertised accommodation prices. You will be advised of the current price of the accommodation that you wish to book before your contract is confirmed.
3. MAKING A BOOKING AND PAYMENT: When you have chosen your accommodation and you make a request to us to book it, you must pay a deposit which will vary depending on accommodation booked. You will be told before making the booking what the exact deposit will be. If you are booking within 12 weeks of arrival date full payment will be applicable. Your booking is confirmed and a contract exists when we issue our confirmation invoice or email. Please check your confirmation carefully and report any incorrect or incomplete information to us immediately. Please ensure that names are exactly as stated in the relevant passport. If you have paid a deposit, the balance of the cost of your accommodation is due 12 weeks before departure. If it is not received in time we will remind you that it is overdue if you do not pay within 7 days of this reminder we will cancel your booking and retain your deposit. Payments by credit card will attract a credit card charge of 2%. The cost of your accommodation does not include any extra chargeable services that you may use whilst at the accommodation. These are payable direct to the management company as stated on your accommodation voucher.
4. YOUR RESPONSIBILITY FOR YOUR BOOKING: When you make a booking you guarantee that you have the authority to accept and do accept on behalf of your party the terms of these booking conditions. This means that you are responsible for making all payments due, notifying us if any changes or cancellations are required and for receiving the confirmation and keeping your party informed.
5. INSURANCE: It is your responsibility to ensure that you are adequately insured. We strongly recommend that you take out insurance, which should include cover against the cost of cancellation by you and assistance (including repatriation) in the event of accident or illness.
6. IF YOU WANT TO CHANGE YOUR BOOKING: After our confirmation has been issued, any requests for changes must be sent to us in writing, by email, fax or post, by the person that made the booking. We cannot guarantee that we will be able to accommodate your request but we will try to do so. You will be asked to pay an administration fee plus any charge made by the accommodation supplier. These are likely to be higher the closer you get to your arrival date, so contact us as soon as you can. If you change the number in your party, the accommodation price will be re-calculated. If the party size is reduced, this is likely to mean the remaining members paying more due to under-occupancy.
7. IF YOU WANT TO CANCEL YOUR BOOKING: The person that made the booking must put this in writing to us, by email, fax or post. Because we incur costs in cancelling confirmed bookings, particularly if cancellations occur close to arrival date, you will be charged a cancellation fee. Cancellation fees: If you cancel (this is the date on which we receive your written notice of cancellation during our normal office hours):
- More than 84 days before your arrival date: deposit
- Between 84 and 56 days: 30% or loss of deposit (whichever is greater)
- Within 55 days of arrival date: 100%
Charges are shown as a percentage of your accommodation cost (excluding amendment fees, if any, which are non-refundable in the event of a cancellation).
8. IF WE OR THE PRINCIPAL CHANGE OR CANCEL YOUR BOOKING: We or the principal reserve the right to change or cancel your booking. Subject to the note below, if a change is made and you don't want to accept it, you can take any alternative accommodation we are able to offer you (you will pay the increase in cost if the replacement is advertised at a higher price than your original booking, or receive a refund of the difference if it is less expensive) or a refund of the money you've paid to us. This does not apply where the change is not material. Examples of non-material changes include, but are not limited to, temporary withdrawal of facilities or seasonal unavailability of amenities. Subject to the note below, if we or the principal have to cancel, again we may be able to offer you an alternative. If you accept it, you would pay the difference if it was advertised at a higher price than your original accommodation, or receive a refund of the difference if it was advertised at a lower price. We will not be responsible to pay any compensation following a change or a cancellation by us or the principal. Any amendment or cancellation fees you incur in terms of other arrangements you have made with other providers under separate contracts are not claimable from us. Note: If a change or cancellation occurs because of circumstances beyond our control, for example war, riot, industrial dispute, actual or threatened terrorist activity and its consequences, natural or nuclear disaster, fire, adverse weather conditions, flood, epidemic or pandemic illness and all similar situations we will have no liability to you. No compensation, costs, expenses or any other sums, including the cost of securing alternative accommodation will be paid by us or the principal.
9. OUR RESPONSIBILITY FOR YOUR BOOKING: As agent our responsibilities are limited to making the booking in line with your instructions and we do not accept responsibility for any information we pass on to you in good faith. We as agent and the principal accept no liability to you for the loss of main services such as electricity or water supplies, minor changes, building works and items beyond our control. There may be occasions when an advertised faciility is either modified or unavailable. Neither do we accept responsibility for situations which may be dictated by local circumstances, necessity of maintenance (eg swimming pools), unsuitable weather conditions, power cuts and other circumstances. If we are advised of any of these we will endeavour to inform you but cannot be held responsible. The factual description of the property describes the details of your chosen accommodation. Location, approach, aspect and contents may vary and should you feel that any of these elements require clarification please ask. If we are told in advance in writing of any priorities or needs we will endeavour to deliver these requirements. Without this, subsequent claims on your return are impossible to entertain. Similarly should you of any or your party have a disability or special request please check with us to see if suitable arrangements can be made. Neither we nor the principal have liability in the following situations:
- i. where the accommodation cannot be provided as booked due to circumstances beyond our control (see the Note in clause 8)
- ii. where you incur any loss or damage that could not have been foreseen at the time of your booking, based on the information provided by you.
- iii. where you incur any loss or damage that relates to any business activity.
- iv. where any loss or damage relates to any services which do not form part of our contract with you.
If we are found liable to you on any basis, we limit the amount we have to pay you to a maximum of the initial cost of your accommodation. This limit does not apply to cases involving death or injury.
10. BEHAVIOUR: When you book accommodation through us, you accept responsibility for the proper conduct of all members of your party during your stay. The principal reserves the right at any time to terminate the stay of any party member(s) whose behaviour is such, in the reasonable opinion of the accommodation provider or us, as to cause or to be likely to cause danger, upset or distress to anyone else or damage to property. Full cancellation charges will then apply and no refund will be given. Furthermore, we shall be under no obligation whatsoever to pay compensation or meet any costs or expenses (including but not limited to alternative accommodation) you may occur as a result of your stay being terminated. If you cause damage to the accommodation in which you are staying, you must fully reimburse the accommodation provider concerned for the cost of the damage before the end of your stay if the cost has been established by then or as soon as it has been established if later. You must also indemnify us for the full amount of any claim (including all legal costs) made against us by the accommodation provider or any third party as a result.
11. CHECK-IN AND CHECK-OUT: Check-in is normally after 1400 hours. If you check-in after midnight, your accommodation has been reserved for you from the previous day and this counts as the first night of your stay. Check-out is normally at 1000 hours.
12. COMPLAINTS: If you have a problem during your stay, please inform the management company (contact details will be on your accommodation voucher), who will endeavour to put things right. If you are unable for any reason to contact the management company you can contact us here in the UK during normal office hours on 0044 (0)1704 574146. You should also try to find a solution whilst you're there. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to our Customer Services Department at 16 Station Road, Ainsdale, Southport, Merseyside PR8 3HS giving your Lead name on your booking and travel date. Please keep your letter concise and to the point. This will assist us to identify your concerns quickly and speed up our response to you. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract. Please bear in mind that we are only liable to compensate you in line with these booking conditions. Any dispute or claim arising out of this contract that can't be settled between us can be referred by you to ABTA arbitration (see clause 14) or court. We agree that the courts of England and Wales have jurisdiction and English law applies (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scots or Northern Irish law, as applicable.)
13. FINANCIAL PROTECTION: The monies you pay to us for your accommodation are protected by means of a bond held by ABTA. This means that, if in the unlikely event of our insolvency your accommodation can't be provided, you will receive your money back or, if your stay has started, arrangements will be made for you to be able to continue as planned.
14. ABTA: We are a Member of ABTA, membership number W6563. We are obliged to maintain a high standard of service to you by ABTA's Code of Conduct. We can also offer you an arbitration scheme for the resolution of disputes arising out of, or in connection with this contract. The arbitration scheme is arranged by ABTA and administered independently by IDRS, part of the Chartered Institute of Arbitrators. It 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 to claims for an amount greater than £5,000 per person. There is also a limit of £25,000 per booking form. Neither does it apply to claims which are solely in respect of physical injury or illness or their consequences. The scheme can however deal with compensation claims which include an element of minor injury or illness subject to a limit of £1,000 on the amount the arbitrator can award per person in respect of this element. Your request for arbitration must be received by ABTA within twelve months of the date of return from holiday. Outside this time limit arbitration under the Scheme may still be available if we agree, but the ABTA Code does not require such agreement. For injury and illness claims, you can request the ABTA/IDRS Mediation Procedure and we have the option to agree to mediation. Further information on the Code and ABTA's assistance in resolving disputes can be found onwww.abta.com.