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.
12.
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:
|
|---|---|
|
42 or more Days
Before Holiday Start Date
|
Loss of deposit
plus any non-refundable fully paid ancillary
reservations
|
|
41- 30 Days
Before Holiday Start Date
|
50% plus any
non-refundable fully paid ancillary
reservations
|
|
29 - 15 Days
Before Holiday Start Date
|
75% plus any
non-refundable fully paid ancillary
reservations
|
|
14 - 01 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.
13.
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.
14.
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.
15.
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.
16.
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).Up to date travel
advice can be obtained from the FCDO by
visiting https://www.gov.uk/travelaware
.
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.
17.
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.
