Please read the following Booking Conditions; on confirming a booking with us, you are deemed to have accepted these conditions.
1. Our Terms
These are the terms and conditions which (together with our Privacy Statement and, any other written information we brought to your attention before we confirmed your booking) govern your booking with Casas Cantabricas Ltd. The terms and conditions are split into three separate sections and the sections that will apply to your booking depend on what you have booked with us, as follows:
2. Information about us and how to contact us
We are Casas Cantabricas Ltd, of 31 Arbury Road, Cambridge, CB4 2JB, UK (“we” “us” and “our”). When we refer to “you” or “your” in these terms we are referring to all persons named on the booking (including anyone who is added or substituted at a later date) or any of them.
You can contact us by telephone at 00 44 (0)1223 328721 or by writing to us at the trading address above or by email to [email protected].
If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your booking.
3. Making a Booking
When you make a booking with us, the first named person on the booking (the “Lead Name”) agrees on behalf of all persons named on the booking that he/she:
(a) has read these terms and has the authority to and does agree to be bound by them;
(c) is over 18 years of age and resident in the United Kingdom and where placing an order for services with age restrictions declares that he/she and all members of the party are of the appropriate age to purchase those services;
(d) accepts financial responsibility for payment of the booking on behalf of all persons named on the booking.
4. Checking your Documents and your Details
It is your responsibility to check the booking confirmation, and any other documents we send you, carefully and to let us know immediately in the event of any error or inaccuracy, as it may not be possible to make changes later. Please ensure that the names on the booking confirmation exactly match the names as spelt in your passport (including all middle names) and that all dates and timings listed on your documents are correct.
5. Travel Insurance
It is a condition of your contract with us that you take out suitable travel insurance. Your travel insurance must cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses, as well as ensuring you have cover for any activities you have booked, including additional cover for skiing/extreme sports/adventure travel and all other activities you have booked.
If you choose to travel without adequate insurance cover, neither we nor the service supplier will be liable to you for any losses howsoever arising, in respect of which insurance cover would otherwise have been available.
6. Travel Advice
For up-to-date travel advice from the UK Foreign Office, visit www.gov.uk/foreign-travel-advice and https://travelaware.campaign.gov.uk.
You are responsible for making yourself aware of Foreign Commonwealth and Development Office advice in regard to the safety of the countries and areas in which you will be travelling and to make your decisions accordingly. We recommend that you consult the above websites before booking in order to make an informed decision about your chosen destination, and again before departure. Advice from the Foreign Office to avoid or leave a particular country may constitute Events Beyond Our Control (see clause 11).
7. Fitness to Travel and Medical Conditions
We are not a specialist disabled holiday company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical condition or disability which may affect your trip, please provide us with full details before we confirm your booking so that we can advise you on the suitability of your chosen travel arrangements.
Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking, if you did not give us full details at the time of booking, we may cancel the booking and impose applicable cancellation charges, when we become aware of these details.
8. Special Requests
Any special requests must be advised to us at the time of booking e.g. diet, room location or a particular facility at a hotel etc. You should then confirm your requests in writing. We will pass your request on to our supplier but we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other information or that it has been passed on to our supplier is not confirmation that the request will be met. We also strongly advise that you re-iterate your special requirements to on arrival.
9. Insolvency Protection
We provide insolvency protection to protect the monies that you pay to us for your booking in the event of our insolvency, as follows:
If you have booked a Package Holiday the Package Travel and Linked Travel Arrangements Regulations 2018 require us to provide security for the monies that you pay for the package holidays booked with us.
We provide full financial protection for package holidays not including flights by way of a bond with the Association of Bonded Travel Organisers Trust Limited (ABTOT) (Membership No. 5253). ABTOT 117 Houndsditch, London, EC3A 7BT, 020 7065 5311, 01702 811397 (24/7 helpline).
In the event of Casas Cantabricas Ltd insolvency, protection is provided for non-flight packages commencing in and returning to the UK and other non-flight packages excluding pre-arranged travel to and from your destination. Please note that packages booked outside the UK are only protected when purchased directly with Casas Cantabricas Ltd. In the above circumstances, if you have not yet travelled you may claim a refund, or if you have already travelled, you may claim repatriation to the starting point of your non-flight package.
If you have made an Accommodation-Only booking we also provide insolvency protection for accommodation-only bookings by way of our bond with the Association of Bonded Travel Organisers Trust Limited (whose contact details are above).
10. Visa, Passport and Health Requirements
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. 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.
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.
11. Events Beyond Our Control
Except where otherwise expressly stated in these terms we will not be liable or pay you compensation if our contractual obligations to you are affected by “Events Beyond Our Control”. For the purposes of these terms, 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 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 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 and all similar events outside our or the supplier(s) concerned’s control.
Brexit Implications: please note that certain Travel Arrangements may be affected as a result of the United Kingdom’s decision to leave the European Union. This could include an unavailability of certain flight routes, access to certain ports and airports etc. Please rest assured that this is something we will continue to monitor and will advise our customers as soon as possible if we become aware of any confirmed bookings that will be affected. However, since this is something which is completely unprecedented and outside our control, we would treat any such changes as Events Beyond Our Control, and whilst we will endeavour to provide suitable alternative arrangements or refunds where possible, we will not be liable to pay you any compensation.
Covid-19 Implications and Precautions: you acknowledge that the suppliers providing your booked travel arrangements, including airlines, hotels and excursion providers, will need to comply with national and/or local guidance and requirements relating to Covid-19, and have implemented certain measures as a result. This may include but not be limited to specific requirements regarding personal protective equipment, such as use of face-masks by staff (and you may be required to wear a face-mask as well), social distancing, maximum number restrictions on the use of certain facilities, designated alternative entrance and exit routes, mandatory hand sanitisation, limited entertainment options and limited food/drink availability. We do not expect these measures to have a significant impact on your enjoyment of your chosen travel arrangements and all measures will be taken with the purpose of securing your safety and those around you.
12. Your Behaviour
You are expected to conduct yourself in an orderly and acceptable manner and not to disrupt the enjoyment of others. If in our opinion or in the opinion of our supplier or any other person in authority, your behaviour or that of any member of your party is causing or is likely to cause distress, danger or annoyance to any other customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we or our supplier reserve the right to terminate your booking immediately with no further liability to you. You and/or your party may also be required to pay for loss and/or damage caused by your actions and you and each member of your party will be jointly and individually liable for any damage or losses caused. Full payment for any such damage or losses must be paid directly to us or the supplier prior to departure. If you fail to make payment, you will be responsible for meeting any claims (including legal costs) subsequently made against us because of your actions together with all costs we incur in pursuing any claim against you.
We cannot be held responsible for the actions or behaviour of other guests or individuals who have no connection with your booking arrangements or with us.
13. Law and Jurisdiction
These terms are governed by English law and we both agree that the courts of England and Wales have exclusive jurisdiction over any dispute, claim or other matter which may arise between us (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
14. Definition of a Package Holiday.
Where your booking is for a package holiday, as defined in this clause, your contract will be with Casas Cantabricas Ltd, we will be the “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in Section C of these terms.
A package holiday exists if you book a combination of at least two different types of the following individual travel services, for the purpose of the same trip or holiday, which is organised by us:
(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 travel services are purchased together from a single visit to our website and 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. For illustrative purposes only, the package holidays that we sell will usually consist of both accommodation and either car hire or ferry transport.
Please note that where you have made a booking which consists of not more than one type of travel service as listed at (a) – (c) above, combined with one or more tourist services as listed at (d) above, this will not create a Multi-Contract Package where the tourist services:
(a) 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;
(b) are selected and purchased after the performance of the transport, accommodation or car rental has started.
Booking a Holiday
In order to make a booking with us, you must pay a deposit of 30% at the time of booking or full payment if booking within 10 weeks of departure*. For some holidays, a higher deposit will be payable or it may be necessary to make full payment at the time of booking notwithstanding the information provided here, we will inform you where this is the case before you make your booking.
Our acceptance of your booking will take place when we send you a booking confirmation that will confirm the details of your booking, at which point a contract will come into existence between you and us, governed by Sections A and C of these terms.
If we are unable to accept your booking, we will inform you of this in writing and will not charge you. If you have already made payment, we will refund this to you. This might be because the holiday is no longer available or because we have identified an error in the price or description of the holiday.
If you have paid a deposit, the balance of the cost of your holiday is payable not less than 10 weeks before your date of departure*, unless you are informed otherwise at the time of booking. If you fail to pay the balance by the due date, we are entitled to assume that you wish to cancel your holiday and we shall retain the deposit paid as the applicable cancellation charge in accordance with clause 30.
Our Responsibility for your Holiday
16.1 We are responsible to you for the proper provision of the holiday. We will accept responsibility for your holiday as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 as set out in this clause 25. This means that we are responsible for the proper provision of the travel services included in your holiday, as set out in the booking confirmation. Subject to these terms, if we or any of the suppliers we have engaged to provide the travel services making up your holiday, negligently provide those travel services and we don’t remedy or resolve your complaint within a reasonable period of time, and this affects the enjoyment of your holiday, 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 your holiday. The level of such compensation will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these terms and the extent to which ours or our employees’ or the supplier’s negligence affected the overall enjoyment of your holiday. Please note that it is your responsibility to show that we or the suppliers have been negligent if you wish to make a claim against us.
16.2 What we will not be responsible for. We will not be responsible for any injury, illness, death, loss (including loss of possessions or enjoyment), damage, expense, cost or other sum or claim of any nature whatsoever which results from:
(a) the act(s) and/or omission(s) of the person(s) affected;
(b) the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable;
(c) Events Beyond Our Control (as defined in clause 11);
(d) any services that do not form part of our contract. This includes, for example, any additional services or facilities that your hotel, cruise provider or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure or on our website as forming part of your holiday and we have not agreed to arrange them as part of our contract, and any excursion/activities you purchase while away;
(e) any damage, loss, expense or other sum(s) of any description which on the basis of the information given to us by you concerning your booking prior to our accepting it, we could not reasonably have foreseen you would suffer or incur if we breached our contract with you, or which did not result from any breach of contract or other fault by ourselves or our employees or, where we are responsible for them, our suppliers. Additionally, we cannot accept liability for any expenses or losses that relate to or arise from any business (including without limitation, self-employed loss of earnings), or any indirect or consequential loss of any kind.
16.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; or for fraud or fraudulent misrepresentation.
16.4 Limits to our liability. We limit the amount of compensation we may have to pay you if we are found liable to you, as follows:
(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 air, sea and rail:
(i) Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and / or off the transport concerned) provided by any air, rail or sea carrier to which any international convention or EU regulation applies, our liability (including the maximum amount of compensation we will have to pay you, the types of claim and the circumstances in which compensation will be payable) will be limited as if we were the carrier in question as referred to below. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier concerned would have to pay under the international convention or EU regulation that applies to the travel arrangements in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or, for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, EC Regulation 392/2009 on the liability of carriers of passengers in the event of accidents and/or the Athens Convention (as amended by the 2002 Protocol) for international carriage by sea and the Convention of 1980 concerning International Travel by Rail (COTIF) as amended for travel by rail). Where a carrier would not be obliged to make any payment to you under the applicable international convention or EU regulation (including where any claim is not notified and issued in accordance with the time limits stipulated in the applicable convention or regulation), we similarly are not obliged to make a payment to you for that claim or part of the claim. Please also note that strict time limits apply for notifying loss, damage or delay of luggage to the airline. Any proceedings in respect of any claim (including one for personal injury or death) must be brought within 2 years of the date stipulated in the applicable convention or regulation. You are not entitled to make any claim against us which concerns or is based on any travel arrangements provided by any air, rail or sea carrier if such a claim is not expressly permitted to be brought against the carrier by the international convention or regulation that applies to the travel arrangements in question. When making any payment, we will deduct any payment that you have received or are entitled to receive from the carrier for the complaint or claim in question. Copies of the applicable international conventions and regulations are available from us on request.
(ii) 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.
16.5 Where you are unable to return home. Where it is impossible for you to return to your departure point as per the agreed return date of your holiday 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. Please note that the 3-night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your holiday. 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.
16.6 Where you require assistance whilst on holiday. If, whilst you are on holiday, 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. Any supplier, airline or other transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to these terms, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. Furthermore, we reserve the right to charge you a fee for our assistance if the difficulty is caused intentionally by you or a member of your party, or otherwise through your or your party’s negligence.
The Price of your Holiday
The price of the holiday (which includes VAT) will be the price indicated in the personalised itinerary details which will be sent to you prior to booking. The price of your holiday includes all government taxes as applicable at the time of booking that do not have to be paid locally. Those that have to be paid locally by you are extra and are your responsibility (such as international airport departure tax, local resort taxes, additional driver charges for car hire, add-ons and excess insurance). You will be advised of the amount of any such local charges where known by us before your booking is confirmed.
Changes to the Price of a Confirmed Holiday
We reserve the right to increase the price of your confirmed holiday solely to allow for increases which are a direct consequence of changes in:
(a) the price of the carriage of passengers resulting from the cost of fuel or other power sources;
(b) the level of taxes or fees applicable to the holiday imposed by third parties not directly involved in the performance of the holiday, including tourist taxes or embarkation or disembarkation fees at ports;
(c) the exchange rate relevant to the holiday.
You will be charged for the amount of any increase in accordance with this clause 27. However, if this means that you have to pay an increase of more than 8% of the total price of the confirmed holiday (excluding any amendment charges and/or additional services), you will have the option of accepting the price increase and paying the requested amount, accepting a change to another holiday if we are able to offer one (if this is of a lower quality you will be refunded the difference in price) or cancelling and receiving a full refund of all monies. Should you decide to cancel for this reason, you must exercise your right to do so within 7 days from the issue date on the invoice.
Should the price of your holiday go down due to the changes mentioned above then any refund due will be paid to you, less an administration fee of £25. However, please note that travel arrangements are not always purchased in local currency and some apparent changes may have no impact on the price of your holiday due to contractual and other protection we have in place.
There will be no change made to the price of your confirmed holiday within 20 days of your departure nor will refunds be paid during this period.
If you wish to Change your Booking
If, once confirmed, you wish to make a change to the holiday you have booked, the Lead Name must contact us at [email protected]. If the change is possible, we will inform you of any changes to the price of your holiday or other consequences of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change (such as an increased price) are unacceptable to you, you may want to cancel your booking (see clause 30) or transfer it to someone else (see clause 29).
Where your requested change can be met, you must pay all costs and charges incurred or imposed by any of our suppliers together with an amendment fee of £25 per change per booking before the change can be made.
Please note that certain arrangements within your holiday booking cannot be changed or transferred after they have been confirmed and any change could incur a cancellation charge of up to 100% of that part of the arrangements and require you to re-book.
Your Right to Transfer your Holiday:
You have the right to transfer your place on your holiday to another person (introduced by you), subject to compliance with the following conditions:
(a) the person to whom you are transferring your place satisfies all conditions applicable to the holiday;
(b) requests for a transfer must be made to us in writing at least 7 days before the start of your holiday and must be accompanied by the name and other applicable details of the person who will replace you;
(c) you pay any outstanding balance payment, an administration fee of £25 per person transferring as well as any additional fees, charges or other costs arising from the transfer and which our suppliers require to be paid in order to effect the change;
(d) in the event that the balance of the holiday cost is due but has not been paid when the transfer request is made, this must be paid before the transfer can be made. Any additional payment amount that our suppliers require to effect the change (if the transfer can be made) will be payable; and
(e) the transferee agrees to these terms.
You and the transferee remain jointly and severally liable for payment of all sums.
If you are unable to find a replacement, you can choose to cancel your booking and the cancellation charges as set out in clause 30 will apply. Otherwise, no refunds will be given for passengers not travelling or for unused services.
If you wish to Cancel your Holiday
You may cancel your confirmed holiday booking at any time prior to departure. Should you wish to do so, the Lead Name must contact us in writing at to [email protected]. Such notification will only be effective on receipt by us.
Subject to clause 31, cancellation charges will apply (as set out below, unless you are specifically advised otherwise at the time of booking). In calculating the cancellation charges set out below, we have taken account of expected cost savings and the generation of income from alternative deployment of the holiday arrangements, to the extent this is likely to be achievable for your holiday arrangements. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling, excluding visa charges and amendment charges which are not refundable.
|Period before departure cancellation is received by us||Cancellation charge (forfeit) as a % of total booking price*|
|Less than 28 days||100%|
|28 – 41 days||50%|
|42 days or more (balance-due date)||Deposit paid (25%)|
Please note that you do not have a legal right to change your mind and cancel your holiday within 14 days of the date of your booking and receive a refund. This right, otherwise known as the “cooling off period”, under the Consumer Contracts Regulations 2013, does not apply to package holidays.
If you Cancel your Holiday due to Unavoidable and Extraordinary Circumstances
You have the right to cancel your confirmed holiday before departure without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at your holiday destination or its immediate vicinity and which significantly affect the performance of your holiday or significantly affect the carriage of passengers 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 compensation.
Please note that your right to cancel in these circumstances will only apply where your booking constitutes a Package Holiday (see clause 14), departure is imminent and the Foreign Commonwealth and Development Office (FCDO) advises against travel to your destination or its immediate vicinity.
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.
Our Rights to Change or Cancel your Holiday
Very occasionally, we may have to make a change to your confirmed holiday booking or cancel it altogether – and we reserve the right to do so.
Most changes will be minor and we reserve the right to make these, where necessary. Where we become aware of a minor change to your holiday before departure, we will try to notify you in writing should there be time to do so. We do not have to pay you any compensation where the change to your holiday is minor. Minor changes are likely to include (but are not limited to):
(a) changes to any destination, place of stay or port or place of call in your holiday itinerary which is not a major part of your holiday itinerary;
(b) a change of outward departure time or overall length of your holiday by less than 12 hours;
(c) change of accommodation to another of the same or higher standard.
Occasionally, we may have to make a significant change to your confirmed holiday. Examples of “significant changes” include the following, when made before departure:
(a) a change of accommodation area for the whole or a significant part of your time away;
(b) a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away;
(c) a change of outward departure time or overall length of your holiday by more than 12 hours;
(d) a significant change to your holiday itinerary, missing out one or more destinations entirely.
If we have to make a significant change to or cancel your confirmed holiday, 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:
(a) (for significant changes) accepting the proposed change to your holiday; or
(b) if available, accepting an offer of an alternative holiday of a lower standard (with an appropriate price reduction);
(c) accepting an offer of an alternative holiday of a comparable or higher standard if available (and you pay any additional cost); or
(d) having a refund of all monies paid.
You must notify us of your choice within 7 days of our offer, (where there is time to do so) or within the timescale stipulated by us. If we do not hear from you within the timescale stipulated by us, 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 travel arrangements.
We have the right to terminate your confirmed holiday if we are prevented from performing your contracted holiday arrangements as a result of Events Beyond our Control (as defined in clause 11) and we notify you of this as soon as reasonably possible.
In such circumstances and where your booking constitutes a Package Holiday (see clause 14), we will refund all monies you have paid to us within 14 days of the date we inform you of the cancellation but will have no further or other liability to you including in respect of compensation or any costs or expenses you incur or have incurred. You can also accept an alternative holiday of a comparable standard if available and we offer one (and we will refund any price difference if the alternative is of a lower value).
In addition to a full refund of all monies paid by you, we will pay you compensation as detailed in the table below, in the following circumstances:
(a) If, where we make a significant change, you do not accept the changed holiday arrangements and cancel your booking;
(b) If we cancel your booking and no substitute holidays are available, or you choose not to accept the substitute holidays offered to you.
The compensation that we offer does not exclude you from claiming more if you are entitled to do so.
|Period before departure in which we notify you||Amount you will receive from us*|
|62 days or more||Nil|
|61 – 42 days prior to departure||£10|
|41 – 28 days prior to departure||£20|
|27 – 14 days prior to departure||£30|
|Less than 14 days prior to departure||£40|
*We will not pay you compensation in the following circumstances:
(a) where the change to your holiday is minor;
(b) where we make a significant change or cancel your holiday more than 60 days before the departure/start date;
(c) where we make a significant change and you accept the changed holiday, or you accept an offer of a substitute holiday;
(d) where we have to cancel your holiday as a result of your failure to make full payment on time;
(e) where the change or cancellation arises out of changes to the confirmed booking requested by you;
(f) where we are forced to cancel or change your holiday due to Events Beyond Our Control (as defined in clause 11).
If we become unable to provide a significant proportion of the holiday that you have booked after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
Complaints or Problems during your Holiday
If you have a complaint about your holiday, you must tell the relevant supplier straight away. You must also phone our local representative or agent as soon as possible on (00 34) 881240033. If you cannot contact our local representative/agent within a reasonable time, or if the response of that person is not satisfactory, then phone our UK office 00 44 (0)1223 328721, leaving a message if necessary and/or email us at [email protected].
If you fail to follow this procedure there will be less opportunity for us to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result.
If you are still unhappy after you’ve returned from your holiday, please write to us within 28 days of your return to the United Kingdom. Your complaint or claim will be investigated, and a full reply sent to you as soon as possible. As our investigations often involve obtaining information from overseas, it may take a few weeks.
If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to the AITO (Association of Independent Tour Operators) arbitration scheme, details available on request.
Prompt Assistance for Holidays
If you have booked a holiday and, whilst you are on holiday, 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 with distance communications and finding alternative travel arrangements. Where you require assistance that 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. Any transport supplier may however pay for or provide refreshments and/or appropriate accommodation and you should make a claim directly to them. Subject to the other terms of these terms, we will not be liable for any costs, fees or charges you incur in the above circumstances, if you fail to obtain our prior authorisation before making your own travel arrangements. 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.
|SCHEDULE 1: STANDARD INFORMATION FORM ON A TRAVELLER’S KEY RIGHTS WHEN BOOKING A PACKAGE|
|PART 1: General|
|The combination of travel services offered to you is a package within the meaning of the Package Travel and Linked Travel Arrangements Regulations. Therefore, you will benefit from all EU rights applying to packages. Casas Cantabricas will be fully responsible for the proper performance of the package as a whole. Additionally, as required by law, Casas Cantabricas has protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes become insolvent.|
|PART 2: Key rights under the Package Travel and Linked Travel Arrangements Regulations 2018|
|Travellers will receive all essential information about the package before concluding the package travel contract.|
|There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.|
|Travellers are given an emergency number or details of a contact point where they can get in touch with the organiser or travel agent.|
|Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.|
|The price of the package may only be increased if specific costs rise (for instance fuel prices), and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8% of the price of the package, the traveller may terminate the contract. If the organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.|
|Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.|
|Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package|
|Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.|
|If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the organiser fails to remedy the problem.|
|Travellers are also entitled to a price reduction or compensation for damages or both where the travel services are not performed or are improperly performed.|
|The organiser has to provide assistance if the traveller is in difficulty.|
|If the organiser becomes insolvent, payments will be refunded. If the organiser becomes insolvent after the start of the package and if transport is included in the package, repatriation of the travellers is secured. Casas Cantabricas has taken out insolvency protection withAssociation of Bonded Travel Organisers Trust Limited (ABTOT), (Membership No. 5253). Travellers may contact this entity if services are denied because of Casas Cantabricas’ insolvency.|
|PART 3: The Package Travel and Linked Travel Arrangements Regulations 2018 can be found here: https://www.legislation.gov.uk/ukdsi/2018/9780111168479/pdfs/ukdsi_9780111168479_en.pdf|