Terms and Conditions

Introduction

Please read the following booking conditions carefully. No verbal alteration can be made to the terms and conditions described on this website. Any such change must be confirmed by us in writing.

These Booking Conditions,  together with any other written information we brought to your attention before we confirmed your booking, form the basis of your contract with Aspects of Spain Ltd (“we”, “our” or “us”). Please read them carefully as they set out our respective rights and obligations. In these Booking Conditions references to “you” and “your” include the first named person on the booking and all persons on whose behalf a booking is made or any other person to whom a booking is added or transferred.

By making a booking, the first named person on the booking agrees on behalf of all persons detailed on the booking that:-

  1. He/she has read these terms and conditions and has the authority to and does agree to be bound by them;
  2. He/she consents to our use of information in accordance with our Privacy Policy;
  3. He/she is over 18 years of age 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.

Our obligations to you may vary depending upon whether what you book with us is a package (as defined below), or a single component arrangement, and our differing obligations are set out below, in three separate sections.

Section A contains the conditions which will apply to ALL BOOKINGS both packages and single component arrangements.
Section B contains the conditions which will apply when you book a package
Section C contains the conditions which will apply to single component bookings.

A package exists if you book a pre-arranged combination of at least two of the following components when sold or offered for sale at an inclusive price and when the service covers a period of more than twenty-four hours or includes overnight accommodation:-
(a) transport;
(b) accommodation;
(c) other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package

Introduction

Definition of “package”
Definition of “force majeure”

Section A – All bookings

1. Booking
2. Payment of Balance
3. Accuracy
4. Insurance
5. Force Majeure
6. Changes by You
7. Cancellation of a Booking by You
8. Accommodation
9. Excursions
10. Client behaviour
11. Complaints
12. Prices
13. Law and Jurisdiction

Section B – Package Bookings
1. If we change or cancel your Package Holiday
2. Price Changes
3. Transfer of booking by you
4. Our liability to you (Package bookings)
5. Financial Protection (Package bookings)

Section C – Non-Package bookings
1. The price of your Non-package arrangements
2. If we change or cancel your Non-Package arrangements

 

SECTION A – ALL BOOKINGS

1. Booking
When you make your booking you must complete a booking form, accepting on behalf of all your party the terms of these booking conditions and the general information, and pay a deposit of 30% of each component or part thereof of your holiday. A contract only exists between us when we have received your completed booking form together with your deposit and we have issued our confirmation invoice. Back to index

2. Payment of Balance
The balance of the price of your holiday must be paid at least 8 weeks (or 6 weeks before is so stated on your Confirmation Invoice) before your departure date. If the balance is not paid in full and on time we reserve the right to treat your holiday as cancelled by you, retain your deposit, and apply the cancellation charges set out in paragraph A6 below. Back to index

3. Accuracy
We endeavour to ensure that all the information and prices on our website are accurate, however occasionally changes and errors occur and we reserve the right to correct prices and other details in such circumstances. You must check the current price and all other details relating to the arrangements that you wish to book before your booking is confirmed. Back to index

4. Insurance
Adequate travel insurance is vital. We do not sell insurance but details of a policy suitable to cover the arrangements you book are available on our insurance page.

You must organise your own insurance and If you choose to travel without adequate insurance cover, we will not be liable for any losses howsoever arising, in respect of which insurance cover would otherwise have been available. Back to index

5.Force Majeure
Except where otherwise expressly stated in these booking conditions we will not be liable or pay you compensation if our contractual obligations to you are affected by any event which we or the supplier(s) of the service(s) in question could not, even with all due care, foresee or avoid. These events can include, but are not limited to war, threat of war, civil strife terrorist activity and its consequences or the threat of such activity, riot, the act of any government or other national or local authority including port or river authorities, industrial dispute, lock closure, natural or nuclear disaster, fire, chemical or biological disaster and adverse weather, sea, ice and river conditions and all similar events outside our or the supplier(s) concerned’s control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure. We will follow the advice given by the Foreign Office. Back to index

6. Changes to bookings by You
If, after our confirmation has been issued, you wish to change departure date, add another person(s), add another element such as car hire or cot or in any way alter your booking, we will do our utmost to make the changes, provided that notification is received in writing by email to amendments@aspectsofspain.co.uk from the person who signed the booking form at least 8 weeks before departure date. This will incur an amendment fee of £35 per amendment in addition to the increase as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. You should be aware that these costs could increase the closer to the departure date that changes are made and you should contact us as soon as possible. No refund will be made for unused accommodation or services during an independent variation of a holiday. Back to index

7. Cancellation of a booking by You
You, or any member of your party, may cancel your holiday at any time providing that the cancellation is made by the lead person on the booking form and is communicated to us in writing by cancellations@aspectsofspain.co.uk. As this incurs administrative costs, we may levy cancellation charges as shown below:-

ALL PROPERTIES
56 days or more before departure – Your deposit
55-30 days 40% of total holiday cost
29-20 days 50% of total holiday cost
19-10 days 75% of total holiday cost
Less than 10 days 100% – Total holiday cost

Please note that if the reason for cancellation is covered under the terms of your Travel Insurance, you may be able to reclaim these charges. We will deduct the cancellation charge(s) from any monies you have already paid to us. No refunds will be given for passengers not travelling or for unused services. Back to index

8. Accommodation
We use the generic term “villa” for all self catering holidays regardless of the type of accommodation, which we describe as fully as space permits on this website. Further details of any accommodation may be requested from our reservations staff. In the case of villa rentals you and your party are responsible for leaving the holiday accommodation occupied together with all furniture and fittings, clean and in good order and condition. You undertake to inform us of any damages to the accommodation or its contents during your occupation. (A £5 per person damage cover charge is payable in every booking which covers all members of the booking in respect of accidental damage caused to your accommodation up to a total of £200 in any one stay) You are obliged to pay for, any telephone charges, broadband/adsl charges and excessive or unusual services consumed. Properties let to you may be used for the accommodation of the persons named on the booking form only unless otherwise agreed in writing by us. Sub-letting or assignment arrangements are not permitted. We or our representatives shall be permitted access to the holiday accommodation at all reasonable times during your occupancy. Back to index

9. Excursions
Please note that we do not provide excursions. Our local representatives may, at your request, make arrangements for excursions locally on your behalf. However, please note that if they do, the contract for the provision of the excursion will be between you and the supplier of the excursion and not between you and us. Therefore, when you purchase an excursion locally, your contract is with the local company and we have no liability whatsoever for anything which may go wrong on the excursion. Back to index

10. Client behaviour
We reserve the right at all times to cancel or terminate a holiday completely if the conduct of any member of any party is considered likely to cause offence, danger, damage or distress to others. Our representatives, where they consider the behaviour to be unacceptable, are authorised to cancel a holiday wherever and whenever necessary. Our responsibility will cease, and there will be no obligation to cover any expenses incurred by the party as a result of cancellation brought about in these circumstances. No claims will be accepted for refunds or compensation whatsoever. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the accommodation 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 as a result 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. Back to index

11. Complaints
If you have a problem during your holiday, you must inform the relevant supplier (eg hotel or villa manager or agent) and resort representative where available, who will endeavour to put things right. If your complaint cannot be completely resolved locally, you must complete a report form which can be obtained from our local representative. Please follow this up within 28 days of your return home by writing to our Customer Services Department by email to CustomerServices@aspectsofspain.co.uk giving your original booking reference number and all other relevant information. It is therefore a condition of this contract that you communicate any problem to the supplier of the services in question AND to our representative (where available) whilst in resort and obtain a written report form. If you fail to follow this simple procedure your entitlement to compensation, if any, may be reduced or even completely extinguished because this will affect ours and the applicable supplier’s ability to investigate your complaint, and rectify the problem. Back to index
12. Prices
All prices on this website are quoted in pounds sterling, based on November 2015 exchange rates of 1.3616 Euros to the pound as quoted on HM Revenue & Customs website. An additional £5 per person damage cover charge which covers all members of the booking in respect of accidental damage caused to your accommodation up to a total of £200 in any one stay will be added to every booking.

We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. Back to index

13. Law and Jurisdiction
These Booking Conditions and any agreement to which they apply are governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be dealt with by the Courts of England and Wales only. You may however, choose the law and jurisdiction of Scotland or Northern Ireland if you live in those places and if you wish to do so. Back to index

SECTION B- PACKAGE BOOKINGS

1. Changes by us to a package booking
IIt is unlikely that we will have to make any changes to your holiday, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your holiday.

Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period. ”Examples of “minor changes” include the following when made before departure:, or a change of accommodation to another of the same standard or classification.

If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of i) (for major changes) accepting the changed arrangements ii) having a refund of all monies paid or iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.

If we make a major change or cancel, less than 8 weeks before departure, we will also pay compensation as detailed below:

Days before departure:
More than 56 days Nil
56 to 43 days £10
42 to 29 days £15
28 to 15 days £25
14 to 0 days £30

Compensation is per person on the booking form, excluding infants.

The compensation that we offer does not exclude you from claiming more if you are entitled to do so. We will not pay you compensation where we make a major change or cancel more than 8 weeks before departure or in the event that we are forced to make a change or cancel as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care.

The above sets out the maximum extent of our liability for changes and cancellations and we regret we cannot meet any expenses or losses you may incur as a result of change or cancellation. Please note: where accommodation with a higher price than the original accommodation is offered by us and accepted by you, the difference in price will be deducted from any compensation payable. In no case will we pay compensation if accommodation is offered by us and accepted by you with a higher price than that originally booked in the same location where no additional payment is made by you. We will not pay you compensation and the above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you. Very rarely, we may be forced by “force majeure” (see clause A4) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result. If we become unable to provide a significant proportion of the services that you have booked with us after you have departed, we will make alternative arrangements for you at no extra charge and, if appropriate in all the circumstances, will pay you reasonable compensation. Please note, though, that we cannot be held liable for loss of main services such as electricity or water supplies, nor any actions taken in the vicinity of your accommodation by any person(s) or authority over whom we have no control. Similarly, you should be aware that there may be occasions when an advertised facility is either modified or not available. Such situations may be dictated by local circumstances, breakdown of machinery and/or the necessity for maintenance (eg swimming pools), unsuitable weather conditions, fuel shortages, power cuts and other circumstances beyond our control. If we are advised of this we will endeavour to inform you in advance, but cannot be held liable in such circumstances. Back to index

2. Price Changes.
We reserve the right to amend the price of unsold holidays at any time and correct errors in the prices of confirmed holidays. The price of your confirmed holiday is subject at all times to changes in costs arising from government action such as changes in VAT or any other government imposed changes; and to changes in currency exchange rates either of which may result in a variation of your holiday price. We will absorb and you will not be charged for any increase equivalent to 2% of the price of your holiday, which excludes any amendment charges and/or additional services or travel arrangements. You will be charged for the amount over and above that, plus an administration charge of £1.00 per person together with an amount to cover agents’ commission. If this means that you have to pay an increase of more than 10% of the price of your confirmed travel arrangements (excluding any amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of all monies paid to us, except for any amendment charges and/or additional services or travel arrangements. 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 final invoice. There will be no change made to the price of your confirmed holiday within 30 days of your departure nor will refunds be paid during this period. Should the price of your holiday go down due to the changes mentioned above, by more than 2% of your confirmed holiday cost, then any refund due will be paid to you. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel due to contractual and other protection in place. Back to index

3. Transfer of a Booking by You
Should you be prevented from travelling by death or serious injury, death or serious injury of a close family member, jury service or similar you may transfer your booking to someone else. This transfer request will only be actioned if submitted to us in writing by email to Bookings@aspectsofspain.co.uk accompanied by any tickets or vouchers which have already been issued and/or any final payment which is still outstanding together with a fee of £35 to cover our costs for making the transfer and/or any additional sum required by a supplier for effecting the change. Back to index

4. Our Liability to You in respect of package bookings.

(1) Subject to these booking conditions, your holiday arrangements will be performed using reasonable skill and care. Also, as long as they were acting within the course of their employment or carrying out work we had asked them to do, we will be responsible if our employees, servants or suppliers fail to perform your holiday arrangements using reasonable skill and care. Please note that it is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us. If we, or our employees, servants or suppliers fail perform your holiday arrangements using reasonable skill and care, taking into consideration all relevant factors (for example following the complaints procedure as described in these conditions and the extent to which ours or our employees, servants or suppliers acts or omissions affected the overall enjoyment of your holiday), we will pay you reasonable compensation.

(2) We will not be responsible or pay you compensation for any injury, illness, death, loss, damage, expense, cost or other claim of any description 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 the services contracted for and which were unforeseeable or unavoidable; or

(c) unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercised; or

(d) an event which either ourselves, our employees, agents or suppliers and subcontractors could not, even with all due care, have foreseen or forestalled.

(3) The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice. The fact that services or facilities fail to comply with local or UK guidance or advice shall not of itself mean that the services or facilities in question have not been provided with reasonable skill and care.

(4) We limit the amount of compensation we may have to pay you if we are found liable under this clause:

(a) loss of and/or damage to any luggage or personal possessions and money, The maximum amount we will have to pay you in respect of these claims is limited to £25 per person in total because you are assumed to have adequate insurance in place to cover any losses of this kind.

(b) Claims not falling under (a) above or involving injury, illness or death. The maximum amount we will have to pay you in respect of these claims is twice 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.

(5) It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.

(6) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to ourselves or our insurers any rights they may have to pursue any third party and must provide ourselves and our insurers with all assistance we may reasonably require.

(7) Please note, we cannot accept any liability for any damage, loss or 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 have foreseen you would suffer or incur if we breached our contract with you; or any business losses.

(8) We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. Back to index

5. Financial Protection(Package bookings.)
In order to comply with the financial protection requirements of the Package Travel Package Holidays and Package Tours Regulations 1992, we operate a trust account. The account is held at the Bank of Scotland. All monies we receive for packages are held in this account until your holiday has been completed. These arrangements ensure that payments made by you for your holiday arrangements would be refunded in the unlikely event of our insolvency. Back to index

SECTION C NON-PACKAGE BOOKINGS

1. The Price of Non-Package Arrangements

We reserve the right to amend the advertised prices of arrangements at any time. We also reserve the right to correct errors in both advertised and confirmed prices. Special note: changes and errors sometimes occur. You must check the price of your chosen arrangements at the time of booking.

The price of your confirmed holiday is subject at all times to changes in costs arising from government action such as changes in VAT or any other government imposed changes; and to changes in currency exchange rates either of which may result in a variation of your holiday price.

2. If We Change or Cancel your single component arrangement

It is unlikely that we will have to make any changes to your holiday, but we do plan the arrangements many months in advance. Occasionally, we may have to make changes and we reserve the right to do so at any time. Most of these changes will be minor and we will advise you or your travel agent of them at the earliest possible date. We also reserve the right in any circumstances to cancel your holiday.

Examples of “major changes” include the following when made before departure; a change of accommodation area for the whole or a significant part of your time away, a change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away, the closure of the only or all advertised swimming pool(s) at your accommodation for an extended period.

If we have to make a major change or cancel, we will tell you as soon as possible and if there is time to do so before departure, we will offer you the choice of
i) (for major changes) accepting the changed arrangements

ii) having a refund of all monies paid or

iii) accepting an offer of alternative travel arrangements of comparable standard from us, if available (we will refund any price difference if the alternative is of a lower value). You must notify us of your choice within 7 days of our offer. If you fail to do so we will assume that you have chosen to accept the change or alternative booking arrangements.

The above options will not be available if we make a minor change or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation.
Very rarely, we may be forced by “force majeure” (see clause A4) to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.

We cannot be held liable for loss of main services such as electricity or water supplies, nor any actions taken in the vicinity of your accommodation by any person(s) or authority over whom we have no control. Similarly, you should be aware that there may be occasions when an advertised facility is either modified or not available. Such situations may be dictated by local circumstances, breakdown of machinery and/or the necessity for maintenance (eg swimming pools), unsuitable weather conditions, fuel shortages, power cuts and other circumstances beyond our control. If we are advised of this we will endeavour to inform you in advance, but cannot be held liable in such circumstances.

Once you have booked and paid the deposit for your holiday we guarantee the price. The only exception to this is that we reserve the right, up to 30 days before your departure date, to impose surcharges to reflect increases in the holiday price due to variations in exchange rates. We will absorb up to the first 2% of any such increase to your holiday cost.  Should the increase amount to more than 10% of the total holiday cost, you would be entitled to cancel your holiday and obtain, with the exception of any insurance premiums and amendment charges, a full refund. This cancellation option must be exercised within 14 days of issue of our revised invoice. Back to index

3. Our liability to you (non-package bookings).

(1) We have a duty to select the suppliers of your arrangements with reasonable skill and care. We have no liability to you for the actual provision of the arrangements, except in cases where it is proved that we have breached that duty and damage to you has been caused.

(2) We will not be responsible for any injury, illness, death, loss, damage, expense, cost or other claim of any description whatsoever which results from: –
‑ the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party or
‑ the act(s) and/or omission(s) of a third party not connected with the provision of your arrangements and which were unforeseeable or unavoidable or
‑ ‘force majeure’ as defined in clause A4 above.
(3) We limit the maximum amount we may have to pay you for any claims you may make against us.
The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is £25 per person affected unless a lower limitation applies to your claim under this clause.
For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is twice the price (excluding amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure. For exampleany excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you.
You must tell us and the supplier concerned about your claim or complaint as set out in these booking conditions. If asked to do so, you must transfer to us or our insurers any rights you have against whoever is responsible for your claim or complaint and provide ourselves and our insurers with all co-operation and assistance that may be reasonably required.
We do not accept liability for (1) any damage, loss, expense or other sum(s) of any description which, based on the information you gave us at the time of booking, we could not have foreseen you would suffer or incur if we breached our contract with you; (2) any business losses.
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Booking Terms revised 15 January 2016

Apply to all 2016 bookings