Air Parade Limited, ATOL No. 5717, trading as Villaparade (which shall be referred to in these booking conditions as “Villaparade”) is a company registered in England and Wales with the registered company number 03894816 and whose registered office address at Bents House, 21 Belmont Street, Huddersfield, HD1 5BZ.
Our VAT number is 567050540.
References to “you” and “your” in these booking conditions means the Lead Contact (as defined below) and all persons named on your booking confirmation. “We”, “us” and “our” means Villaparade.
These booking conditions set out the terms and conditions which will apply to the contract formed between us and you. Villaparade will act as a principal in all bookings which include air travel or where you have made your booking thorough one of our approved travel agents. For all other bookings (e.g. where you have booked accommodation only), we act as agent for specified third party suppliers. In this instance, your booking is not a "package" and therefore you will not be protected under the Package Travel, Package Holidays and Package Tours Regulations 1992. The terms set out in these booking conditions vary depending on whether you make your booking with us acting as principal or agent.
1. Your contract
The person making the booking (the “Lead Contact”) must be UK resident and at least 18 years of age. By paying your initial monies, you warrant that you have the authority to accept, and are accepting on behalf of all your party, these booking conditions. A contract will exist as soon as we issue our confirmation invoice which will specify, if we are acting as a retail agent, the name of your principal/ supplier.
2. Bookings not including air travel
Where you make a booking which does not include air travel (e.g. you only book your accommodation through us), we act as the retail agent for the third party supplier(s) and accept no liability (including liability for death, personal injury) whatsoever for any loss or damage of any kind, unless caused by our own negligence. Since your booking will be a contract between you and the relevant third party supplier, you will be bound by the booking conditions of the relevant third party supplier. Therefore, it is extremely important that you read them carefully.
The single exception to the above is where your non-air travel booking is made with us through one of our approved travel agents. In this event, we act as principals and we accept liability as such.
3. Your financial protection
As members of ABTA (membership number W558X tour operator, and F9683 retail) and holders of Air Travel Organisers' Licence ("ATOL") No. 5717, issued by the Civil Aviation Authority, we have ensured that the monies paid for your travel arrangements are fully protected where we act as principal. Where we act as agent, your booking will not benefit from financial protection under our ATOL. However, the third party supplier, providing your travel products may provide financial security for your booking monies. It is important that you read the relevant third party supplier's booking conditions before making your booking in order to check this point in particular.
4. Your holiday price
When you make your booking, you must pay a non-refundable deposit of 30% of the total value of your booking. The balance of the price of your travel arrangements must be paid at least 14 weeks before your departure date. The credit card charge for deposits, balances or part balance payments is 2% (3% on Amex transactions) and a 0.15% charge on a debit card. If the balance is paid by more than one credit or debit card an additional administration charge is payable. If the deposit and/or balance is not paid in time, we reserve the right to cancel your travel arrangements (where we act as principal) and if we act as agent, the third party supplier with whom you have made your booking may have the right to cancel your booking under their booking conditions. If the balance is not paid in time, your deposit may be retained. For flights a deposit of £125 per person is payable (although most airlines now may require payment in full at the time of your reservation), and payment for travel insurance must be made. Where you make your booking through us acting as principal, all flights are non-changeable and non-refundable; in the event of cancellation by you, full cancellation charges will apply.
The price of your travel arrangements is subject to surcharges for increases by Government action such as increases in VAT or any other Government imposed increases, transportation costs, including the cost of fuel, landing taxes, or disembarkation fees at airports. If the cost of your travel arrangements increase due to surcharges, where we act as principal, we will absorb an amount equivalent to 2% of the price of your travel arrangements, which excludes insurance premiums and any amendment charges. Only amounts in excess of this 2% will be surcharged. If this means paying more than 10% of the price of your travel arrangements, you may cancel your travel arrangements and receive a full refund of all monies paid, except for any premium paid to us for holiday insurance and any administration charges. Should you decide to cancel for this reason, you must exercise your right to do so within 14 days from the issue date printed on your confirmation invoice. Where you have made your booking through us acting as agent, please refer to the relevant third party supplier’s bookings conditions for their policy regarding surcharges.
The price of your villa accommodation/car hire/transfers was calculated using exchange rates quoted in the 'Financial Times Guide to World Currencies' on 1st March 2010 in relation to the following currency: Euros. The prices featured in this brochure were accurate at the time of going to press April 2010, however Villaparade reserve the right to change any prices without prior notification. For up to date prices visit www.villaparade.co.uk.
5. If you change your booking
If, after our confirmation invoice has been issued, you wish to change your arrangements in any way, for example your chosen departure date or accommodation, we will try to arrange for these changes to be actioned, provided that written notification from the Lead Contact is received at least 12 weeks before your departure date. Any changes are subject to a minimum administration charge of £25 per person named on the booking to cover our administration costs. Where we act as principal, if you reduce your holiday duration or any part of it (e.g. downgrade car hire, reduce booking from two weeks to one week) then this will be treated as a cancellation of your travel arrangements and you will have to re-book your travel arrangements and cancellation charges may apply. If you wish to change your arrangements within twelve weeks of departure, this will be treated as a cancellation of the original booking and you will have to pay the applicable cancellation charges set out in the section below. Changes to contractual arrangements, such as upgrades and extras, (including informing our office of flight details if arranged separately) made within 72 hours of your departure date will be subject to a £25 administration charge. Within 24 hours of departures no extra contractual arrangements can be added or deleted to the booking unless in extreme circumstances when Villaparade reserve the right to apply additional administration charges of up to £50 per change. Note: where we act as agent, your travel arrangements will be subject to the booking conditions of the relevant third party suppliers and may not be changeable after your reservation has been made.
6. If you cancel your travel arrangements
Where you have booked your travel arrangements though us acting as principal, you, or any member of your party, may cancel the travel arrangements at any time, but the cancellation will be effective only on the date on which written notification signed by the Lead Contact is received at our offices, (including e-mail confirmation). Please telephone our office first on 08444 72 00 10 so we are able to register your cancellation. Since we incur administrative costs in cancelling your travel arrangements, you will have to pay the applicable cancellation charges up to the maximum shown in the following table:
|Period before departure shown
within which written cancellation
|Amount of cancellation charge as a
percentage of the price for the
|98 days or more
||Loss of Deposit
||60% of travel arrangements cost
||80% of travel arrangements cost
||100% of travel arrangements cost
Note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. Where you have booked your flights with us (acting as principal) they are strictly non-changeable and non-refundable and in the event of cancellation, 100% cancellation charges will apply.
If you have made your booking through us acting as agent, then the third party suppliers are likely to charge cancellation charges. Therefore, it is extremely important that you read the third party providers’ booking conditions before you make your booking. Please note that since we incur administration costs in arranging for the cancellation to be made, we reserve the right to charge an administration fee of £25 in respect of each person listed on the cancelled booking.
7. If we change your travel arrangements
Where we are acting as principal, it is unlikely that we will make any changes but we reserve the right to do so. We distinguish between minor changes, in respect of which no compensation is due, and major changes. Changes to aircraft type or airline and/or the alteration of your outward/return flights by less than 12 hours are deemed to be minor changes. A change of resort or reduction in the standard of your accommodation is deemed a major change and you will have the choice of either accepting the change of arrangements, accepting an offer of alternative holiday accommodation from us if available, or cancelling your accommodation and receiving a full refund of all monies paid. In all cases, except where the change arises due to reasons of Force Majeure (as defined below), we will pay compensation as detailed below:
|Period before departure shown within which written cancellation is received which a major change is notified to you or your travel agent
||Compensation per person (Excluding infants)
|42 days or more
|14 days or less
Force Majeure: Compensation will not be payable if we are forced to cancel or change your travel arrangements in any way because of unusual or unforeseeable circumstances beyond our control (“Force Majeure”). These include war, threat of war, riot, civil strife, industrial dispute, terrorist activity and its consequences, acts of God, natural disaster (including earth quakes, floods and volcanic activity/eruptions/resulting ash), or nuclear disaster, fire or explosion, adverse weather conditions, epidemics and pandemics, unavoidable technical problems with transport, any labour dispute (including but not limited to strikes and industrial action), collapse of building structures or any other circumstances beyond our control.
In the event that a Force Majeure event results in you having to stay at your accommodation longer than you have booked for, we will try to arrange for you to stay at the accommodation at the pro-rata rate at which you booked. We also have an obligation to provide prompt assistance. In particular, we will liaise with the relevant air carrier to ensure that your rights under the Denied Boarding Regulations are met by the carrier. For the avoidance of doubt, since a Force Majeure event is beyond our control, we will not have an obligation to pay you compensation in addition to our duties described in this clause
We shall not be in breach of these booking conditions, nor liable for any failure or delay in the performance of any of our obligations under these booking conditions arising from a Force Majeure.
In the event of a Force Majeure which affects your travel arrangements, we would always advise you to contact your travel insurance provider to determine what cover is available under your policy.
8. If we cancel your travel arrangements
Where we act as principal, we reserve the right in any circumstances to cancel your travel arrangements (and will pay you the appropriate compensation set out in clause 7.1). However, we will not cancel your travel arrangements less than 12 weeks before your departure date, except for reasons of Force Majeure (see Clause 7) or failure by you to pay the final balance.
If we are unable to provide the booked holiday accommodation, you will be offered alternative travel arrangements of comparable standard from us or higher standard, if available. If it is necessary to cancel your travel arrangements, compensation will be payable in accordance with Clause 7.1.
Where you have made your booking through us acting as agent, since your booking is a contract between you and the relevant third party supplier, it is important that you refer to their booking conditions in order to establish what cancellation rights they may have.
9. If you have a complaint
Where you have made your booking through us acting as principal, in the unlikely event that you have a complaint about the property, facility or services provided (including a lack of / breakdown of an advertised appliance) whilst you are on holiday, please inform our local resort office as soon as possible. They are there to help you and may well be able to solve the problem on the spot. Should the representative be unable to resolve the complaint and you wish to take the matter further upon your return, detail your complaint in writing to us with a copy of your complaint within twenty eight days of the completion of your holiday to our UK office at Bents House, 21 Belmont Street, Huddersfield, HD1 5BZ. We will not accept any complaints or any responsibility after this date is passed nor will we consider any complaint that has not been reported to our representative at the resort and not been resolved satisfactorily. Where you have made your booking through us acting as agent, since your booking is a contract between you and the third party supplier, they will have sole discretion in deciding how to deal with your complaint. Please refer to the booking conditions of the third party supplier for further details.
10. What happens to complaints
As a member of ABTA, we are obliged to maintain a high standard of service to you under ABTA’s Code of Conduct. It is unlikely that you will have a complaint that cannot be settled amicably between us. However, disputes arising out of, or in connection with these booking conditions which cannot be settled amicably, may (if you wish) be referred to Arbitration under a special scheme which, though devised by arrangement with the ABTA, is administered independently by the IDRS, part of the Chartered Institute of Arbitrators.
The scheme provides for a simple and inexpensive method of Arbitration on documents alone with restricted liability on you in respect of costs. The scheme does not apply to claims for an amount greater than £5,000 per person or £25,500 per booking form. Nor does it apply to claims, which are solely or mainly in respect of physical injury or illness or the consequences of such injury or illness. If you elect to seek redress under this scheme, the application for arbitration and Statement of Claim must be received by the IDRS within 9 months after your scheduled date of return. Full details of the scheme are available from the Association of British Travel Agents at 68-71 Newman Street, London, W1P 4AH.
11. Limitation of our liability
Nothing in these booking conditions excludes or limits our liability for death or personal injury resulting from our negligence or any of your statutory rights as a consumer that cannot by excluded or limited.
We accept responsibility for ensuring that your travel arrangements are supplied as described in our brochure (or on the website) and that the services offered reach a reasonable standard. If any part of your villa accommodation is not provided as promised, we will, when acting as principals, pay you appropriate compensation if this has affected the enjoyment of your holiday. We have a duty to select third party suppliers of travel products using reasonable skill and care but we cannot accept responsibility for the acts or omissions of our overseas agents or suppliers. We have no liability to you for the actual provision of the travel products that you have booked unless we are the principal supplier or where it is proved that we have breached our duty to use reasonable care in selecting the third party supplier and you have incurred loss or damage as a result.
With the exception of liability referred to in clause 11.1, we, and each of our group companies, officers and employees exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if forseeable) in connection with your booking, all of the travel products available in our brochure and on our website, your use of the website and/or our services.
We exclude all representations and warranties relating to the travel products that you have booked through us to the fullest extent permitted by law.
With the exception of liability referred to in clause 11.1, our total aggregate liability to you under or in relation to these booking conditions, your booking, your use of our Website and/or our services shall be limited to a maximum of twice the cost of your travel arrangements as shown on your booking invoice.
Under the EU Denied Boarding Regulations you have rights in some circumstances to refunds and/or compensation from your 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. However, reimbursement in such cases will not automatically entitle you to a refund of your holiday cost. If your airline does not comply with these rules you should complain to the Air Transport Users' Council on 020 7240 6061 www.auc.org.uk.
12. Conditions of carriage
If air travel is included in your booking , the conditions of carriage of the carrier, some of which limit liability, will apply to you.
13. Damage to accommodation
You must accept responsibility for the proper conduct of yourself and any members of your party whilst on holiday. Where you have made your booking through us in our capacity as principal, in cases of serious misconduct, we reserve the right to terminate your holiday or that of any member of your party. This includes threatening behaviour, physical and serious verbal assault behaviour to our resort staff. If we do so, we shall have no further responsibility or liability to you. If you or any member of your party wilfully, recklessly or negligently causes any damage to any accommodation, property or person, you agree to indemnify us against any loss suffered by us (including legal costs), arising from such damage. Failure to pay for serious damage that you or your party has inflicted on a property can result in the local authorities called to intervene.
Where you make your booking through us acting as agent, if you cause damage to the accommodation in which you are staying, you are likely to be required to fully reimburse the accommodation provider concerned. 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.
We consider travel insurance to be essential, and strongly advise you to arrange for appropriate travel insurance (including supplier failure insurance) that is comparable to that offered by ourselves and which covers you for a comprehensive range of events including cancellation, baggage loss, accidents and health issues whilst you are away. If you decide not to purchase insurance cover offered by us, we strongly advise you to obtain suitable alternative insurance, which provides comparable or greater cover to this. We strongly advise you to read the policy details carefully and to take them with you on your holiday. It is your responsibility to ensure that you purchase comprehensive travel insurance and we shall not be liable for any loss that you incur due to your either failing to purchase travel insurance or purchasing insufficient, inadequate or unsuitable insurance cover.
Where we act as principal, all our bookings now carry an optional minor breakage charge of £20. This is to cover minor items such as glasses and crockery etc. All other breakages must be reported to our local representatives immediately and these must be paid for locally before vacating. We reserve the right to charge for any serious damage or breakages not reported and found after your departure. Please refer to section 13. If you decide not to pay this minor breakage charge, a security deposit of 25% of the total villa rental cost is required with the holiday balance. Bookings to Portugal and Ibiza carry a refundable breakage deposit of £100-£500 depending on property size. This is payable with the balance of your holiday and is refunded on your return, subject to a breakage/cleanliness inspection.
Where we act as agent, breakages will be subject to the booking conditions of the relevant third party supplier.
16. Natural environment / pests and Building works
As in all the resorts, Villaparade cannot be held responsible for any discomfort or inconvenience caused by the climate, the particular flora and fauna and wildlife including, but not limited to insects (flies and ants), barking dogs, goats, donkeys, rodents, chickens or sheep bells or anything else reasonably expected to exist in the natural environment in which many of the properties are situated. Isolated incidents of field mice and rats have also been sighted. For any serious cases, where we act as principal, we will do everything in our power to help you eradicate problems. We recommend particularly in the summer months when Mediterranean drought conditions cause an influx in ants etc. for you to buy mosquito/ant spray and keep any food and drink items in the fridges and to clean any food leftovers away immediately. Please refer to “Important Information” on our website for further information. Where we act as agent, it is the responsibility of the third party supplier to provide you with the necessary support and assistance.
Building works, serious construction works and the resulting noise from the site can take place at any time during the year on an adjoining or nearby property and land. If this work is affecting your holiday and you have made your booking with us acting as principal, please report this to our representative immediately. Obviously this is beyond the control of our suppliers, or ourselves, but where we act as principal we will make an effort to have the work stopped if possible. Alternatively, if this is not possible we will offer you other accommodation, of the same or higher standard, strictly subject to availability. Unfortunately we do not receive advance notice of when building works will begin as they are carried out by third parties over which we have no control. Whilst we can assure you we will do our best to minimise any inconvenience or interruption to your holiday, we regret that this is a "Force Majeure" and we do not accept any liability or will pay any compensation. We closely monitor and will inform you immediately of any building work which could materially affect your holiday. We consider internal maintenance and the use of tile cutters and small power tools not to materially affect your holiday.
17. Car Hire
Unless you book car hire through us as part of a holiday package, we act as agent on behalf of the relevant car hire company and disclaim all liability in respect of your car hire booking. It is important that you refer to the booking conditions of the relevant car hire company before you make your booking.
18. Activities and Excursions
Unless you book activities and excursions through us as part of a holiday package, we act as agent on behalf of the relevant third party supplier and disclaim all liability in respect of your excursions booking. It is important to refer to the booking conditions of the relevant third party before you make your booking.
Whilst you are on holiday, if you book any activities or excursions through companies other than us, your contract will be with the third party provider of the excursion and not with us. We will not be responsible or liable for the provision of the excursion or tour.
19. Air-Conditioning /mains supplies / swimming pool
All air-conditioning where stated will be on timers and available for use between 1800 hours and 0800. The air-conditioning unless otherwise mentioned is fitted in the bedrooms only and acts as a cooling and heating system. Single bedrooms do not have this Air-conditioning where described may be static wall or floor mounted or portable units. As with the U.K., in the event of a breakdown engineers do have a specified call out pattern and it may take up to seven days before a visit can be arranged or a part ordered. Villaparade will not pay compensation due to the failure of any appliance within this timeframe, but will of course assist you to the best of our ability. In the rare event of a total break-down with the basic supplies of water, electricity and use of swimming pool, the local agent / suppliers concerned will endeavour to re-solve the problem within 24 hours to the nearest working day.
If any provision or part of a provision, of these booking conditions is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provision or part-provision will be struck out of these booking conditions and the remainder of these booking conditions will apply as if the offending provision or part-provision had never been agreed.
You may not transfer any of your rights or obligations under these booking conditions without our prior written consent. We may transfer any of our rights or obligations under these terms and conditions without your prior written consent.
We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Data Protection Policy. Please refer to our website for further details.
23. Governing law and jurisdiction
23.1 These booking conditions and any dispute or claim arising out of or in connection with them (including all non-contractual disputes or claims) shall be governed by and construed in accordance with English law.
23.2 Subject to clause 10 (What happens to complaints), disputes or claims arising out of or in connection with these booking conditions (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.