Terms and conditions
The following Booking Conditions form the basis of your contract with Art In The Algarve. Please read them carefully as they set out our respective rights and obligations. These Booking Conditions only apply to holiday arrangements which you book with us in the UK and which we agree to make, provide or perform (as applicable) as part of our contract with you. All references in these Booking Conditions to ‘holiday’, ‘booking’, ‘contract’, ‘package’, ‘tour’ or ‘arrangements’ mean such holiday arrangements. In these Booking Conditions, ‘you’ and ‘your’ means all persons named on the booking (including anyone who is added or substituted at a later date). ‘We’, ‘us’ and ‘our’ means Art In The Algarve.
1. Making your booking. The person booking is responsible for all payments due to us. The person or party leader must be at least 18 when the booking is made. Once we have received your booking and all appropriate payments, we will, subject to availability, confirm your holiday by issuing a confirmation invoice. This invoice will be sent to the person making the booking or the party leader. Please check this invoice carefully as soon as you receive it. Contact us immediately if any information which appears on the confirmation or any other document appears to be incorrect or incomplete as it may not be possible to make changes later.
2. Your contract. A binding contract between us comes into existence when we despatch our confirmation invoice via email or post to the person booking the holiday. We both agree that English Law (and no other) will apply to your contract and to any dispute, claim or other matter of any description which arises between us. We both also agree that any dispute, claim or other matter of any description (and whether or not involving any personal injury) which arises between us must be dealt with by the Courts of England and Wales only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or those of England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us governed by the law of Scotland/Northern Ireland as applicable (but if you do not so choose, English law will apply.
3. Payment. In order to confirm your chosen holiday, a deposit of £250 per person (or full payment if booking within four weeks of departure) must be paid at the time of booking. The balance of the holiday cost must be received by us not less than 4 weeks prior to departure. If we do not receive all payments due (including any surcharge where applicable) in full and on time, we are entitled to assume that you wish to cancel your booking. In this case, we will be entitled to keep all deposits paid or due at that date. If we do not cancel straight away because you have promised to make payment, you must pay the cancellation charges shown in clause 6 depending on the date we reasonably treat your booking as canceled.
4. The cost of your holiday. The cost of your holiday We also reserve the right to make changes to and correct errors in advertised prices at any time before your holiday is confirmed. We will advise you of any error of which we are aware and of the then applicable price at the time of booking. We reserve the right to increase or decrease the price of unsold holidays at any time.
5. Cancellation by you. Should you or any member of your party need to cancel your holiday once it has been confirmed, the party leader must immediately advise us in writing. Your notice of cancellation will only be effective when it is received in writing by us. As we incur costs from the time we confirm your booking, the following cancellation charges will be payable. Where the cancellation charge is shown as a percentage, this is calculated on the basis of the total cost payable by the person(s) cancelling. If cancellation is received by us: Prior to 80 days – Deposit returned, 61 days – Deposit forfeited 60-42 days – 50% of total holiday cost, 41-28 days: – 70% of total holiday cost 27-14 days – 90% of total holiday cost, Less than 14 days: – 100% of total holiday cost. Cancellation charges are per person cancelling Depending on the reason for cancellation, you may be able to reclaim these cancellation charges (less any applicable excess) under the terms of your insurance policy. Claims must be made directly to the insurance company concerned. Please note, no refunds at all can be given until we receive back from you all travel documents we have sent to you (where these have been issued.) If any member of your party is prevented from travelling, that person may transfer their place, to someone else (introduced by you) providing we are notified not less than two weeks before departure and provided the transferee meets all the requirements of these booking conditions for the holiday concerned.
6. Changes and cancellation by us. We start planning the holidays we offer many months in advance. Occasionally, we have to make changes to and correct errors in information sheets, website and other details both before and after bookings have been confirmed and cancel confirmed bookings. Whilst we always endeavour to avoid changes and cancellations, we must reserve the right to do so. However, we promise we will only cancel your confirmed booking 6 weeks or less before departure where you have failed to comply with any requirement of these booking conditions entitling us to cancel (such as paying on time) or where we are forced to do so as a result of “force majeure” as defined in clause 7 below or where the minimum number of persons required to operate your holiday (if applicable) has not been reached. If we have to make a significant change or cancel, we will tell you as soon as possible. If there is time to do so before departure, we will offer you the choice of the following options:-(a) (for significant changes) accepting the changed arrangements (b)purchasing an alternative holiday from us, of a similar standard to that originally booked if available.
7. Force Mejure. Force Majeure Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance or prompt performance of our obligations under our contract with you is prevented or affected by or you otherwise suffer any damage or loss as a result of “force majeure”. In these Booking Conditions, “force majeure” means any event which we or the supplier of the service(s) in question could not, even with all due care, foresee or avoid. Such events may include war or threat of war, riot, civil strife, actual or threatened terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
8. Passports and visas. A full British passport presently takes approximately 4 weeks to obtain. If you or any member of your party is 16 or over and haven’t yet got a passport, our recommendation is that you should apply for one at least 6 weeks before your holiday. The UK Passport Service has to confirm your identity before issuing your first passport and from October 2006 will ask you to attend an interview in order to do this. It is the party leader’s responsibility to ensure that all members of the party are in possession of all necessary travel and health documents before departure. All costs incurred in obtaining such documentation must be paid by you. We regret we cannot accept any liability if you or any member of your party are refused entry onto any transport or into the country due to failure on your part to carry correct documentation. If you or any member of your party is not a British citizen or holds a non British passport, you must check passport and visa requirements with the Embassy or Consulate of the country to which you are intending to travel. If failure to have any necessary travel or other documents results to fines, surcharges or other financial penalty being imposed on us, you will be responsible for reimbursing us accordingly.
9. Delay. We regret we are not in a position to offer you any assistance in the event of delay at your outward or homeward point of departure. Any airline concerned may however provide refreshments. We cannot accept liability for any delay which is due.In addition, we will not be liable for any delay unless it has a significant effect on your holiday arrangements.