The Turquoise Collection LTD
Owner Booking Terms & Conditions
Owner Booking Terms
& Conditions
These Booking
Conditions form the basis of your contract with the property owner
specified on your booking confirmation ("we", "us", "our",). 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. References to your agent
means Turquoise Collections Limited
("Agent").
By
making a booking, the first named person on the booking agrees on
behalf of all persons detailed on the booking
that:
-
he/she has read these Booking Conditions and has the authority to and does agree to be bound by them;
-
he/she consents to our use of personal data and is authorised on behalf of all persons named on the booking to disclose their personal details to us, including where applicable special categories of data (such as information on health conditions or disabilities and dietary requirements);
-
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; and
-
he/she accepts financial responsibility for payment of the booking on behalf of all persons detailed on the booking.
1.
Booking & Paying For Your
Arrangements
A
booking is made with us when you pay your Agent a deposit (or full
payment if you are booking within 12 weeks of departure) and your
Agent has issued you with a booking confirmation on our behalf. We
reserve the right to decline to instruct your Agent to issue a
booking confirmation at our absolute discretion. A binding contract
will come into existence between you and us as soon as your Agent
has issued you with a booking confirmation on our behalf and of
which will confirm the details of your
booking.
Upon receipt, if you
believe that any details on the booking confirmation or any other
document are wrong you must advise your Agent immediately who will
advise us, as changes cannot be made later and it may harm your
rights if we are not notified of any inaccuracies in any document
within seven days of our sending it out.
The balance of the
cost of your arrangements (including any applicable surcharge) is
due not less than 12 weeks prior to scheduled departure. If we do
not receive this balance in full and on time, we reserve the right
to treat your booking as cancelled by you in which case the
cancellation charges outlined in clause 12 will become
payable.
2.
Accuracy
We
endeavour to ensure that all the information, translations and
prices both on your Agent's website and in any advertising material
that your Agents publish 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 travel arrangements
that you wish to book before you make your
booking.
3.
Prices
We
reserve the right to amend advertised prices at any time, in
particular those listed on your Agent's website. We also reserve
the right to correct errors in both advertised and confirmed
prices. You must check the price of your chosen accommodation at
the time of booking.
4.
Insurance
Adequate travel
insurance is a condition of your contract with us. You must be
satisfied that your insurance fully covers the requirements for
your stay at your chosen accommodation, including pre-existing
medical conditions, cancellation charges, medical expenses and
repatriation in the event of accident or illness. 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.
5.
Events Beyond Our
Control
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 Events Beyond Our Control. For the purpose of
these Booking Conditions, this 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 beyond our or the
supplier(s) concerned's control.
6.
Your Behaviour
All our guests are
expected to conduct themselves in an orderly and acceptable manner
and not to disrupt the enjoyment of others. If in our opinion or in
the opinion of any accommodation / accommodation manager or host,
representative 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 guests or any third
party, or damage to the property, we reserve the right to terminate
your booking with us immediately. In the event of such termination
our liability to you and/or your party will cease and you and/or
your party will be required to leave your accommodation
immediately. We will have no further obligations to you and/or your
party. No refunds for lost accommodation / chalet or any other
arrangements will be made and we will not pay any expenses or costs
incurred as a result of termination. 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 / chalet manager or
representative or other 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 or
with us.
7.
Conditions of Suppliers
Many of the
arrangements which make up your accommodation booking are provided
by independent suppliers. Those suppliers provide these services in
accordance with their own terms and conditions which will form part
of your contract with us. Some of these terms and conditions may
limit or exclude the supplier's liability to you, usually in
accordance with applicable International Conventions. Copies of the
relevant parts of these terms and conditions are available on
request from us or the supplier
concerned.
8.
Excursions and Extras
Please note that we
do not provide or arrange excursions. We (or a local
representative) may put you in touch with local organisers of
excursions if you request but we can have no liability for such
excursions, as your contract for such excursions will be with a
local company providing the services and not with
us.
9.
Cutting Your Arrangements Short
If
you are forced to return home early, we cannot refund the cost of
your accommodation stay which you have not used. If you cut short
your accommodation booking and return home early in circumstances
where you have no reasonable cause for complaint about the standard
of accommodation and services provided, we will not offer you any
refund for that part of your accommodation not completed, or be
liable for any associated costs you may incur. Depending on the
circumstances, your travel insurance may offer cover for
curtailment and we suggest that any claim is made directly with
them.
10.
Special Requests
Any special requests
must be advised to your Agent at the time of booking (e.g. room
location or a particular facility etc.). You should then confirm
your requests in writing. Whilst every effort will be made by us to
try and arrange your reasonable special requests, we cannot
guarantee that they will be fulfilled. The fact that a
special request has been noted on your confirmation invoice or any
other documentation or that it has been passed on is not
confirmation that the request will be met. Failure to meet any
special request will not be a breach of contract on our part unless
the request has been specifically confirmed by us. We do not
accept bookings that are conditional upon any special request being
met.
11.
Disabilities and Medical
Problems
We
are not a specialist disabled travel 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 problem or disability
which may affect your booking, please provide us with full details
before you make your booking so that we can try to advise you as to
the suitability of your chosen accommodation. We may require you to
produce a doctor's certificate certifying that you are fit to
participate. Acting reasonably, if we are unable to properly
accommodate the needs of the person(s) concerned, we will not
confirm your booking or if you did not give us full details at the
time of booking, we will cancel it and impose applicable
cancellation charges when we become aware of these
details.
13.
If You Change or Cancel Your Single Service
Booking
Changes:
If, after
confirmation, you wish to change your booking in any way, you must
notify your Agent as soon as possible who will inform us and we
will endeavour to make such changes. Where we can meet a request,
all changes may be subject to payment of an amendment fee as well
as any costs and charges incurred by us and/or incurred or imposed
by any of our suppliers in making this change. Your Agent will
inform you if such fee becomes
applicable.
Note:
Certain
accommodation may not be changeable after confirmation and any
alteration may result in a cancellation charge of
100%.
Cancellations:
If
you, or any member of your party, decides to cancel your booking,
you must notify your Agent by recorded delivery post or by email
who will then notify us. Your notice of cancellation
will only take effect when it is received in writing by your Agent
at their offices and will be effective from the date on which
your Agent receives it. The person to notify us of any cancellation
must be the same person that originally made the
booking.
Should one or more
member of a party cancel, it may increase the per person price of
the accommodation of those still travelling and you will be liable
to pay this increase.
Since we incur costs
in cancelling your arrangements, you will have to pay the
cancellation charges as follows:
|
Date
cancellation received:
|
Charge
payable:
|
|---|---|
|
More than 70 Days
Before Holiday Start Date
|
Loss of deposit plus
any non-refundable fully paid ancillary
reservations
|
|
69-50 Days Before
Holiday Start Date
|
50% plus any
non-refundable fully paid ancillary
reservations
|
|
49-40 Days Before
Holiday Start Date
|
60% plus any
non-refundable fully paid ancillary
reservations
|
|
39-31 Days Before
Holiday Start Date
|
80% plus any
non-refundable fully paid ancillary
reservations
|
|
30-0 Days Before
Holiday Start Date
|
100% plus any
non-refundable fully paid ancillary
reservations
|
Important Note:
Certain arrangements may not be amended after they have been
confirmed and any alteration or cancellation could incur a
cancellation charge of up to 100%.
Where possible, we
will deduct the cancellation charge(s) from any monies you have
already paid to us.
14.
If We Change or Cancel Your Single Service
Booking
We
may in exceptional circumstances be required to cancel your booking
in which case a full refund of all monies paid will be made to you.
We regret we cannot meet any expenses or losses that you may incur
as a result of change or cancellation.
Very rarely, we may
be forced due to Events Beyond Our Control (please see clause 5) to
change or terminate all or some of your arrangements after
departure. If this situation does occur, we regret we will be
unable to make any refunds, pay you compensation or meet any costs
or expenses you incur as a
result.
15.
Our Responsibilities for your Single Service
Booking
(1) We have a duty
to provide the services booked and to select any sub-contractors
and/or suppliers of the services making up your booking with us
with reasonable skill and care. Our liability will be limited to
where it is proven that we have breached that duty and damage to
you has been caused.
(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 if it
results from:
a) the
act(s) and/or omission(s) of the person(s) affected;
or
b) the
act(s) and/or omission(s) of a third party unconnected with the
provision of the services contracted for and which were
unforeseeable or unavoidable; or
c)
unusual or unforeseeable circumstances beyond ours or our
supplier(s) 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 or suppliers could not, even with all
due care, have foreseen or forestalled.
(3) We limit the
amount of compensation we may have to pay you if we are found
liable under this clause:
a) 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 twice the
price paid by you in total. This maximum amount will only be
payable where everything has gone wrong and you have not received
any benefit at all from your booking.
(4) 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.
(5) 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.
(6) Please note, we
cannot accept any liability for any damage, loss or expense or
other sum(s) of any description: (a) 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 (b) relate to any
business.
(7) We will not
accept responsibility for services or facilities which do not form
part of our agreement or where they are not advertised by ourselves
For example any excursion you book whilst away, or any service or
facility which any other supplier agrees to provide for
you.
16.
Complaints
We
make every effort to ensure that your chosen accommodation runs
smoothly but if you do have a problem during your stay, please
inform your property manager immediately who will endeavour to put
things right. Your property manager's contact details will be found
on your pre-departure information provided to you by your
Agent.
If
the problem cannot be resolved and you wish to complain further,
you must send formal written notice of your complaint to your Agent
at their head office within 28 days of the end of your stay, giving
your booking reference and all other relevant information who will
then pass it onto us. Please keep your letter concise and to the
point. This will assist your Agent to quickly identify your
concerns and speed up the response to you. Failure to follow the
procedure set out in this clause may affect your Agent's, our and
the applicable supplier's ability to investigate your complaint,
and will affect your rights under this
contract.
17.
Entry, Passport, Visa and Immigration Requirements, Safety
& Health Formalities
It
is your responsibility to check and fulfil the entry, passport,
visa, immigration requirements, safety and health formalities
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, the Foreign, Commonwealth and Development Office
('FCDO') and your own doctor as applicable. Requirements and the
safety of the countries and areas in which you will be travelling
to, do change and you must check the up to date position in good
time before departure in order to make your decisions
accordingly.
Most countries now
require passports to be valid for at least 6 months after your
return date. If your passport is in its final year, you should
check with the Embassy of the country you are visiting. For further
information contact the Passport Office on 0870 5210410 or
visit https://www.gov.uk/browse/citizenship/passports
.
For European travel
you should obtain a UK Global Health Insurance Card (UK GHIC) prior
to departure unless you are able to rely upon an existing European
Health Insurance Card (EHIC).
Non
British passport holders, including
other EU nationals, should obtain up to date advice on entry,
passport, visa, health and immigration requirements from the
Embassy, High Commission or Consulate of your destination or
country(ies) through which you are
travelling.
We
do not accept any responsibility if you cannot travel, or incur any
other loss because you have not complied with any entry, 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 entry
passport, visa, immigration requirements or health
formalities.
Please note: The
impacts of Brexit may change your visa, ticket and health
requirements. Third country nationals may require an airport
transit visa when passing through EU Member States. There is the
potential for disruption at borders when travelling between the UK
and EU Member States and you should allow sufficient time for this
when planning any onward travel. You should check any impacts of
Brexit on your travel, in advance of your departure, to ensure that
you fulfil the requirements post-Brexit, including any passport
validly requirements. The UK Government passport checker can be
found here https://www.gov.uk/check-a-passport-travel-europe
.
18.
Law and Jurisdiction
These Booking
Conditions are governed by Croatian law and we both agree that the
courts of Croatia have exclusive jurisdiction over any dispute,
claim or other matter which may arise between
us.
