Please read these booking conditions carefully before you book your villa holiday
Standard Booking Conditions
Introduction
The following booking conditions they set out the terms and conditions of the contract between you and Aspects of Spain. 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. 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 when you book a package, and Section B those which will apply where you book a single component arrangement. Section C contains the conditions which will apply to both packages and single component bookings.
Definition of a Package
A package exists if you book two or more different holiday components such as accommodation and car hire (excluding insurance) with us at the same time. We act as a booking agent for the suppliers of the component parts of the holidays we organise, and as such, bookings for their services will form a direct contract between you and the relevant supplier, and will be subject to that supplier’s standard terms and conditions. However, although we act as an agent on behalf of these suppliers, where the booking you make with or through us is for a package, we voluntarily accept the legal liabilities imposed on “organisers” by the The Package Travel and Linked Travel Arrangements Regulations 2018. These regulations apply to holiday travel arrangements booked on or after 1 July 2018. A copy of these Package Travel Regulations can be seen on the HMSO website.
Definition of Force Majeure
Force majeure reasons include, but are not limited to war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, flood, adverse weather conditions or any other circumstances beyond our control.
SECTION A – Package bookings
- Changes by us to a package booking
It is unlikely that we will have to make any changes to your holiday, but we do plan the arrangements many months in advance. We therefore reserve the right to change the particulars and prices shown on this website, in which case we will tell you before confirming your booking. Occasionally changes may have to be made after a confirmation invoice has been issued, and we reserve the right to make changes at any time. If there is a major change to a package (i.e. a change of resort or a change to a lower standard of accommodation) we will inform you or your travel agent as soon as reasonably possible if there is time before departure and will offer you the choice of either accepting the changed arrangements, taking another available holiday from us (and where this is cheaper we will refund the difference but where it is more expensive you will have to pay the difference), or cancelling your holiday and receiving a full refund. In addition, wherever there is a major change to a package caused by anything other than force majeure (see below), we will, where appropriate, pay compensation as follows:-
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.
Important note: Compensation will not be payable if we are forced to change or cancel your holiday due to force majeure reasons, which include, but not limited to war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, fire, flood, adverse weather conditions or any other circumstances beyond our control. See separate conditions relating to Covid 19 changes to bookings.
If, before departure, there is a minor change, we will do our best to inform you or your travel agent in advance although we are under no obligation to do so, nor are we obliged to pay compensation.
Finally, in the unlikely event that we become unable to provide a significant part of your holiday after departure, we will make alternative arrangements at no extra charge to you and, where appropriate, 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. - Surcharges.
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 transportation costs, including the costs of fuel, dues, taxes or fees chargeable for services such as landing taxes or embarkation or disembarkation fees at ports and airports, and the exchange rates applied to the particular package. We will absorb up to the first 2% of any such increase to your holiday cost. Where we impose a surcharge, there will be an administration fee of 1gbp per person together with an amount to cover agent’s commission. 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. - Cancellation by us.
In no case will we cancel your holiday less than 8 weeks before the scheduled departure day, except for reasons of force majeure (as defined in A1 above) or failure on your part to pay the final balance. If we are obliged to cancel your holiday for any reason other than non-payment of the final balance, we will endeavour to offer an alternative holiday of comparable standard (and where this is cheaper we will refund the difference but where it is more expensive you will have to pay the difference), or, failing that, return all monies paid. Further, where appropriate, and where cancellation is not the result of force majeure circumstances, we will pay compensation as shown in the scale in clause A1 above. - Transfer of 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 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 £50 to cover our costs for making the transfer and/or any additional sum required by a supplier for effecting the change. - Our liability to you. (Package bookings.)
(i) Our obligations, and those of our suppliers providing any service or facility involved in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities and, where we or our supplier is actually providing the service or facility, to provide them with reasonable skill and care. Compliance with any applicable regulatory requirements will be proper performance of our, and our suppliers’, obligations.
(ii) For claims which do not involve death or personal injury, we accept liability, subject to paragraphs (i) above and (iv) below, should any part of your holiday not be as described on this website. If we accept liability, we will, subject to paragraphs (v) and (vi) below, pay you compensation of an amount which could be reasonably and properly expected, taking into account all the relevant circumstances. Any sums received by you from suppliers will be deducted from any sum paid to you as compensation by us.
(iii) For claims which involve death or personal injury as a result of an activity forming part of your holiday, we accept liability subject to paragraphs (i) above and (iv) below. If we accept liability, we will, subject to paragraphs (v), (vi) and (vii) below, pay you reasonable compensation.
(iv) We accept liability in accordance with paragraphs (i), (ii) and (iii) above and subject to paragraphs (v) and (vi) below except where the cause of the failure in your holiday or any death or personal injury you may suffer is not due to any fault on our part or that of our servants, agents or suppliers, and is either attributable to you, or attributable to someone unconnected with the trip and is unforeseeable or unavoidable, or due to 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 an event which neither we, nor our servants, agents or suppliers could have foreseen or forestalled.
(v) Where a claim (whether for personal injury or non personal injury) arises out of loss or damage suffered during the course of road travel or hotel accommodation, the amount of compensation you will receive will be limited in accordance with and/or in an identical manner to the provisions of any relevant International Conventions, namely the Berne Convention 1961 and the Paris Convention 1962. For the avoidance of doubt, this means that we are to be regarded as having all benefit of any limitations of compensation contained in any of these Conventions or any other international conventions applicable to your trip.
(vi) It should be noted that our acceptance of liability in paragraphs (ii), (iii) and (iv) above is conditional upon you assigning any rights that you may have against any of our servants, agents or suppliers which is in any way responsible for the failure of your holiday or any death or personal injury you may suffer. Finally, it is a condition precedent of such acceptance of liability that you follow the procedures for the notification of complaints set out in the clause below relating to complaints (C8).
(vii) Other than as set out above, and as is detailed elsewhere in these booking conditions, we shall have no legal liability whatsoever to you for any loss, damage, personal injury or death which you suffer arising directly or indirectly from any aspect of your holiday.
SECTION B – Non-Package Bookings – “Villa only” bookings
- Changes by us to a non-package booking
It is unlikely that we will have to make any changes to your holiday, but we do plan the arrangements many months in advance. We therefore reserve the right to change the particulars and prices shown in these web pages, in which case we will tell you before confirming your booking. Occasionally changes may have to be made after a confirmation invoice has been issued, and we reserve the right to make changes at any time.- If there is a major change to a booking (i.e. a change of resort or a change to a lower standard of accommodation) we will inform you or your travel agent as soon as reasonably possible if there is time before departure and will offer you the choice of either accepting the changed arrangements, taking another available holiday from us (and where this is cheaper we will refund the difference but where it is more expensive you will have to pay the difference), or cancelling your holiday and receiving a full refund. If, before departure, there is a minor change, we will do our best to inform you or your travel agent in advance although we are under no obligation to do so, nor are we obliged to pay compensation.
- In the unlikely event that we become unable to provide a significant part of your holiday after departure, we will make alternative arrangements at no extra charge. 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 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.
- Our liability to you – non-package bookings
We act as booking agents on behalf of the owners of the properties we feature on this website, and as such, your contract is with the relevant owner, and we have no liability to you for any death, personal injury, loss or damage of any kind, unless caused by our negligence. We have no direct control over the owners of these properties and our responsibility is limited to carrying out reasonable checks to ascertain that they are reputable and comply with applicable local laws and regulations. In the event that we do pay you compensation, this will be limited to a reasonable amount, taking into account all the circumstances. Finally, although we are unable to accept responsibility for any aspect of your holiday affected by force majeure (as defined in clause A1 above), such eventualities may be covered by your Travel Insurance.
SECTION C – ALL Bookings
- 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. If you book through a travel agent, all monies paid to your travel agent are held by him on your behalf until we issue our confirmation invoice. Thereafter your agent holds the monies on our behalf. 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. - Payment of Balance.
The balance of the price of your holiday must be paid at least 8 weeks before your departure date. If the balance is not paid in time we reserve the right to cancel your holiday, retain your deposit, and apply the cancellation charges set out in paragraph C4 below. - 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 by email from the person who signed the booking form, or from their travel agent, at least 8 weeks before departure date. This will incur an amendment fee of £35 in addition to the increase, if any, in the costs of the revised arrangements. This amendment fee will be applied each time we issue an amended confirmation/invoice. No refund will be made for unused accommodation or services during an independent variation of a holiday. - 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 person signing the booking form and is communicated to us in writing. As this incurs administrative costs, we may levy cancellation charges as shown below:-
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. Back to index - 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 and to pay for any damage or missing items, telephone charges and excessive or unusual services consumed. - Accommodation.
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. No-one else may stay at the property, nor can the property be used for events like parties, stag/hen parties, baby showers, etc. Single sex bookings are not accepted. 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. - Passport Information.
It is a Spanish (European) legal requirement that passport details of all members of your party must be submitted to the Local Authorities in your holiday destination within 24 hours of your arrival. This is equivalent to checking in to an hotel. We will email you requesting these details before you are due to arrive at your villa. It may result in you not receiving final arrival information if you fail to provide this information before you travel. Please note, the provision of this information is completely separate to any request from your to provide Advanced Passenger Information API. - 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 - 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. - 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 email to complaints@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, will be completely extinguished because you will not have taken reasonable steps to mitigate your loss and we will not have been given a full opportunity to investigate and rectify the problem. In the extremely rare occasion of a complaint we usually resolve the issue amicably in resort. - Prices.
All prices on this website are quoted in pounds sterling, based on January 2023 exchange rates of 1.1652 Euros to the pound as quoted on HM Revenue & Customs website. - Our Privacy Policy.
We will only use the information about you that you give to us lawfully in accordance with the Data Protection Act 1998. To process your booking and ensure that all aspects of your holiday arranged by us run smoothly we need to use the information you give us, such as name, address, special needs etc. We must pass this information on to the relevant suppliers of your arrangements such as car hire companies, villa management companies etc. If we do not pass this information on we cannot process your booking. The information may also be provided to credit checking companies, public authorities such as customs, Spanish law enforcement agencies if required by them or required by law. We may also use this data in the future to provide you with newsletters and other information about our company and products, and advise you of new additions to our rental programme. We will never, ever, sell, loan, or give your details to a third party for publicity or marketing purposes. - Law and Jurisdiction.
This contract is made on the terms of these booking conditions which are governed by English Law and both parties shall submit to the exclusive jurisdiction of English courts at all times.