These Booking Conditions, together with our Privacy Policy and any other written information we brought to your attention before we confirmed your booking, set out the details of your booking with Just Resorts Limited, t/a Just Gloria Resorts by Just Resorts. Registered Office: Moongate, Chelford Road, Prestbury, Cheshire SK10 4AW (“we” 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:
a. they have read these terms and conditions and has the authority to and does agree to be bound by them;
b. consent to our use of information in accordance with our Privacy Policy and is authorized 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)
c. are over 18 years of age and where placing an order for services with age restrictions declares that they are all members of the party are of the appropriate age to purchase those services.
d. accept financial responsibility for payment of the booking on behalf of all persons details on the booking.
Please Note: We act in the following capacities, as a Package Organiser in the sale of a Package and as Agent.
As a result, our obligations to you will differ depending on what capacity we are acting in and whether or not what you have booked is a package (“Package”) as defined within the Package Travel and Linked Travel Arrangements 2018 (“PTRs”). Whether we are acting as the Package Organiser (please see clause 14 for further details of where this will be the case) or as a booking agent (“Agent”) to help you arrange or book travel sold by a third party tour operator(s)/supplier(s) (“Supplier/Principal”) will also be a factor..
Section A contains the conditions that will apply to all bookings you make with us. Section B contains the conditions which will apply where we act as the Package Organiser for Package bookings; Section C contains the conditions which apply where we act as Principal; Section D contains conditions which apply where we act as Agent.
Section A
This section applies to all bookings.
1. Booking
When you make a booking, you confirm that you have the authority to accept and do accept these conditions on your behalf and on behalf of all members of your party and further, if you are making a booking for more than one person, that you are responsible for all payments due from each and every member of your party. It is your responsibility to ensure that any information which you give us is accurate and that information which is given to you by us or any of our suppliers is passed on to all members of your party.
When you make your booking you must pay the relevant deposit as specified at the time of booking. No contract will come into existence until we accept your booking and we receive your deposit or full payment in cleared funds and issue you with a confirmation invoice either on behalf of ourselves or the supplier in question.
Please check that all names, dates and timings are correct on receipt of all documents and advise us of any errors immediately, as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document immediately. Please ensure that the names given are the same as in the relevant passport.
The booking information that you provide to us will be passed on only to the relevant suppliers of your travel arrangements or other persons necessary for the provision of your travel arrangements. The information may therefore be provided to public authorities such as customs or immigration if required by them, or as required by law. This applies to any sensitive information that you give to us such as details of any disabilities, or dietary and religious requirements. Certain information may also be passed on to security or credit checking companies.
2. Payment
You will be required to pay a deposit (or make full payment if within 56 days of travel) for your booking at the time of booking. Where you only pay a deposit you must pay the full balance by the balance due date notified to you – usually 56 days before travel. If full payment is not received by the balance due date, we will notify the supplier who may cancel your booking and charge the cancellation fees set out in their Terms and Conditions. Alternatively, where you have booked a package or accommodation only arrangement with us, you will be subject to our cancellation charges as set out in Sections B and C below.
3. Accuracy
We endeavour to ensure that all of the information and prices both on our website and in our brochures 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.
4. Special Requests
If you have any special requests (for example mobile location), please let us know at the time of booking, you should confirm this in writing.. Whilst every effort will be made by us to try and arrange your special request, we cannot guarantee that they will be fulfilled. The fact that the special request has been noted on your conformation invoice or any documentation or that it has been passed to your Supplier/Principle where we act as Agent to our suppliers in regard to Package, is not conformation that the request will be met. Failure to meet special requests will not be breach of contract nor the Supplier/Principal unless the request has specifically confirmed by us. Bookings are conditional upon any special request being met not accepted by us or any Supplier/Principal
5. Events Beyond Our Control
Except where otherwise expressly stated in these Booking Conditions, we nor the Supplier/Principal can accept liability or pay any compensation if either of our contractual obligations to you are affected by Events Beyond Our Control. For the purposes of these Booking Conditions, Events Beyond Our Control 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 outside our or the supplier(s) concerned’s control.
6. Travel Insurance
Adequate travel insurance is a condition of booking with us. You must take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses. You must be satisfied that your insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in event of accident or illness. Failure to disclose relevant information will affect your insurance. If you fail to travel with adequate insurance cover we will not be liable for any losses in respect of which insurance cover would otherwise have been available.
7. Accommodation Ratings & Standards
Accommodation ratings are displayed as provided by the supplier. These are intended to give a guide to the services and facilities you should expect from your accommodation. Standards and ratings may vary between countries, as well as between suppliers. We cannot guarantee the accuracy of any ratings given and no warranty is given or implied.
Safety standards in some countries may differ from those applicable in the United Kingdom. We strongly advise that all customers seek to minimise their exposure to injury by familiarising themselves with relevant safety information.
8. Disabilities & Medical Problems
If you have any medical condition, disability or special requirements which may affect your holiday, please tell us before you confirm your booking, as we are able to make enquiries of the supplier about the suitability of arrangements for you and provide replies prior to booking. Please provide us with full details before you make your booking and/or purchase so that we (or the Supplier/Principal where we are acting as Agent) can advise you as to the suitability of your chosen booking and/or purchase.
9. Your Behaviour
All our customers 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 hotel manager 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 customers or any third party, or damage to property, or to cause a delay or diversion to transportation, we or the Supplier/Principal (as applicable) reserve the right to terminate your booking with us immediately. In the event of such termination our or the Supplier/Principal’s (as applicable) liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We nor the Supplier/Principal shall will have any further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and payment of 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 hotel manager 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 and/or Supplier/Principal 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.
10. Delivery of Documents
All documents (e.g. invoices/tickets) will be sent to you by email or post if requested at the time of booking. Once documents leave our offices we will not be responsible for their loss unless such loss is due to our negligence. If tickets or other documents need to be reissued all costs must be paid by you. You can ask for delivery by other means subject to payment of the necessary charges.
11. Passports, Visas & Health
We can provide general information about the passport and visa requirements for your trip,
Such information which you may need to check includes (but is not limited to) passport requirements including (but not limited to) how valid your passport must be after return date, whether your passport must be machine readable or which visas/waivers may be required for entry such as ESTA for USA travel, ETIAS for EU travel or ETA for UK travel.
You must check requirements for your own specific circumstances with the relevant bodies as applicable. We have provided a few useful resources below, though it is your responsibility to check and see if such a body would be relevant to yourself.
- the UK Foreign, Commonwealth and Development Office (“FCDO”, https://www.gov.uk/travelaware) (applicable to UK residents);
- UK Passport Office (0870 5210410 or https://www.gov.uk/browse/citizenship;
- Embassies, High Commission and/or Consulates;
- Your own physician or doctor.
For UK residents booking European travel, you should obtain a UK Global Health Insurance Card (UK GHIC) prior to departure which may provide limited medical treatment in most EEA countries. However, such cover may be extremely limited and for emergency purposes only. Nevertheless, all passengers to any destination should obtain comprehensive medical insurance prior to departure, including cover for emergency medical treatment and associated costs. 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 and immigration requirements or health and safety formalities.
12. Check-in & Check-out
Generally hotel rooms will be available for check in between 12.00 noon and 15.00 with check out between 10.00 and 12.00 noon. Villas and apartments can vary and check in is normally between14.00 and 16.00 and check out between 10.00 and 12.00 noon.
13. Complaints
Where we are acting as agent, the contract for your arrangements is between you and thesupplier and any queries or concerns should be addressed to them. If you have a problem whilst on holiday, this must be reported to the representative / supplier or their local supplier or agent immediately. If you fail to follow this procedure there will be less opportunity to investigate and rectify your complaint. The amount of compensation you may be entitled to may be reduced or you may not receive any at all depending upon the circumstances.
If you wish to complain when you return home, write to the supplier. You will see the name and address plus contact details in any confirmation documents we send you. We will of course assist you with this if you wish - please contact us immediately.
Where you have booked a package holiday with us or a single-element booking where we are acting as principal, please inform us immediately by contacting us on the numbers listed on our website. If your complaint is not resolved locally, please follow this up within 28 days of your return home by writing to us giving your booking reference and all other relevant information. It is strongly recommended that you communicate any complaint to the supplier of the services in question without delay whilst in resort. If you fail to follow this procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were in resort and this may affect your rights under this contract.
14. Cutting Your Booking Short
If you are forced to return home early, we cannot refund the cost of any elements of your booking you have not used. If you cut your booking short and return home early in circumstances where you have no reasonable cause for complaint about the standard of the travel services provided, we will not offer you any refund for any part of your booking 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
15. 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 of the service 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, 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, lock closure, natural or nuclear disaster, fire, chemical or biological disaster, airspace closures (as well as other air traffic management decisions which may give rise to long or overnight delays or cancellations of one or more flights) and the inability of airline(s) to operate flights as a result of the United Kingdom’s decision to leave the European Union (including the loss or restriction of air traffic or transit rights or the right of airline(s) to enter any airspace) and all similar events outside our control or the control of the supplier concerned.
16. Law & Jurisdiction
These terms and conditions are governed by English law and any dispute arising between the parties is subject to the exclusive jurisdiction of the courts of England and Wales (unless you live in Scotland or Northern Ireland, in which case you can bring proceedings in your local court under Scottish or Northern Irish law, as applicable).
17. Conditions of Suppliers
Many of the services which make up your holiday 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.
18. Data Protection & Privacy
Please see our data protection and Privacy Policy for full information regarding the way in which we use and store your personal data.
Section B - Package Holiday Bookings
This section only applies to Package Holidays booked with us as Organiser. Please read this section in conjunction with Section A of these Booking Conditions.
19. Definition of Package
Where your booking is for a Package that we have organiser, as defined below, we act as a “Package Organiser” and you will receive the rights and benefits under the Package Travel and Linked Travel Arrangements Regulations 2018 (“PTRs”), as outlined in this Section B of these Booking Conditions.
“Package” exists if you book a combination of two of the following separate travel services:
A. Transport;
B. Accommodation;
C. Rental cars, motor vehicles or motorcycles (in some conditions);
D. Any other tourist service not intrinsically part of one of the above travel services.
…provided that those separate travel services are purchased together from a single visit to our website / during a single phone call with our telephone booking line and are selected by you before you agree to pay; or are advertised, sold or charged at an inclusive or total price; or advertised or sold under the term “package” or a similar term.
IMPORTANT NOTE: Please note that:
a. where you have booked a Package that lasts for less than 24 hours and which does not include overnight accommodation; or
b. where you have made a booking which consists of not more than one type of the travel services listed at (a) – (c) above, combined with one or more tourist services (as listed at (d) above), this will not create a Package where the tourist services: or
- do not account for 25% of the value of the combination and are not advertised as, and do not otherwise represent, an essential feature of the Package;
- are selected and purchased after the performance of the transport, accommodation or car rental has started.
These bookings will not be afforded the benefit of the rights under the PTRs.
20. Booking & Paying For Your Package
A booking is made with us when you pay us a deposit (or full payment if you are booking within 56 days) and we issue you with a booking confirmation. We reserve the right to return your deposit and decline to issue a booking confirmation at our absolute discretion. A binding contract will come into existence between you and us as soon as we have issued you with a booking confirmation that will confirm the details of your booking [or your travel agent]. If your confirmed arrangements include a flight, we (or if you booked via an authorised agent of ours, that agent) will also issue you with an ATOL Certificate. Upon receipt, if you believe that any details on the ATOL Certificate or booking confirmation or any other document we send you are wrong, you must advise us immediately as changes can not be made later and it may harm your rights if we are not notified of any inaccuracies in any document.
The balance of the cost of your arrangements (including any applicable surcharge) is due no later than the date notified to you. 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 set out in Clause 23, will become payable.
21. Pricing Of Packages
We reserve the right to amend the price of unsold itineraries at any time and correct errors in the prices of confirmed itineraries. We also reserve the right to increase the price of confirmed itineraries solely to allow for increases which are a direct consequence of changes in:
I. the price of the carriage of passengers resulting from the cost of fuel or other power sources;
II. the level of taxes or fees chargeable for services applicable to the itinerary imposed by third parties not directly involved in the performance of the itinerary, including tourist taxes, landing taxes or embarkation or disembarkation fees at ports and airports; and
III. the exchange rates relevant to the Package.
Such variations could include but are not limited to airline cost changes which are part of our contracts with airlines (and their agents).
You will be charged for the amount of any increase in accordance with this clause. However, if this means that you have to pay an increase of more than 8% of the price of your confirmed Package (excluding any insurance premiums, amendment charges and/or additional services or travel arrangements), you will have the option of accepting a change to another arrangement 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 insurance premiums and 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 7 days from the issue date printed on your final invoice. We will consider an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy.
Should the price of your Package go down due to the changes mentioned above, then any refund due will be paid to you, less an administrative fee of £25. 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.
There will be no change made to the price of your confirmed itinerary within 20 days of your departure nor will refunds be paid during this period.
22. If You Change Or Transfer Your Package
If you wish to change any part of your booking after our confirmation invoice has been issued, you must inform us in writing by contacting us as soon as possible. This should be done by the first named person on the booking. Whilst we will do our best to assist, we cannot guarantee that we will be able to meet your requested change. Where we can meet a request, all changes will be subject to payment of an administrative fee of £25 per person, per change as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change. 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. Where we are unable to assist you and you do not wish to proceed with the original booking we will treat this as a cancellation by you. A cancellation fee may be payable in accordance with clause 18.
Transfers of Package:
If you or any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions:
a. that person is introduced by you and satisfies all the conditions applicable to the Package;
b. we are notified not less than 7 days before departure;
c. you pay any outstanding balance payment, an administrative fee of £25 per person as well as any additional fees, charges or other costs arising from the transfer of the Package; and
d. the transferee agrees to these Booking Conditions and all other terms of the contract between us.
You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, cancellation charges as set out in clause 23 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
Important Note: Certain arrangements may not be amended after they have been confirmed and any alteration could incur a charge of up to 100% of the value of that part of the arrangements, in addition any additional administrative fees and/or supplier costs which will be notified to you at the time.
23. If You Cancel
If you wish to cancel your confirmed booking you must inform us in writing by contacting us as soon as possible, with such notice to be given by the first named person on the booking. Your notice of cancellation will only take effect on the date it is received by us. Should one or more member of a party cancel, it may increase the per person Package price of those still travelling and you will be liable to pay this increase.
| Period before departure within which notice of Cancellation by you is received | Amount of cancellation charge |
| 84 days or more | Loss of deposit + total cost of flights |
| 42 days or more | 70% of accommodation cost + total cost of flights |
| 30 days or more | 80% of accommodation cost + total cost of flights |
| Less than 30 days | 100% of accommodation cost + total cost of flights |
Since we incur costs in cancelling your arrangements, you will have to pay the cancellation charges as follows
Please note that certain arrangements, particularly flights, may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements, in addition to the charge above.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges. We will deduct the cancellation charges from any monies you have already paid to us.
This clause 23 outlines the rights you have if you wish to cancel your booking. Please note that there is no automatic statutory right of cancellation under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
24. Force Majeure
You may terminate the Package travel contract at any time before the start of the Package without paying a cancellation charge in the event of “unavoidable and extraordinary circumstances” occurring at the place of destination or its immediate vicinity which will significantly affect the performance of the Package or carriage to your Package destination. In these circumstances, we shall provide you with a full refund of the monies you have paid but we will not be liable to pay you any additional compensation. In order to rely on this clause you must be able to show that, based on information available at the time of cancellation, there was no reasonable possibility of your Package going ahead (either at all or without being significantly affected).
For the purposes of this condition, “unavoidable and extraordinary circumstances” may include warfare, other serious security problems such as terrorism, 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 significantly affect travel to the travel destination as agreed in the Package travel contract.
25. If We Make a Change or Cancel Your Package Holiday
As we plan your Package many months in advance, we may occasionally have to make changes or cancel your Package booking and we reserve the right to do so at any time.
Changes:
If we make a minor change to your Package, we will make reasonable efforts to inform you as soon as reasonably possible before your departure but we will have no liability to you. Examples of minor changes include change of accommodation to another of the same or higher standard and/or changes of carriers. Please note that airlines/carriers advertised part of your Package may be subject to change.
Occasionally we may have to make a significant change to your confirmed Package. Examples of what might equate to “significant changes” dependent upon the details of your booking include the following, when made before departure:
a. A change of accommodation area for the whole or a significant part of your time away;
b. A change of accommodation to that of a lower standard or classification for the whole or a significant part of your time away;
c. A change of outward departure time or overall length of your arrangements by more than 12 hours;
d. A change of UK departure airport, as long as that change is not from one London airport to another London airport. London airports are Heathrow, Gatwick, Stansted, Luton and London City.
e. A significant change to your itinerary, missing out one or more destination entirely.
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 (for major changes):
- accepting the changed arrangements;
- having a refund of all monies paid, subject to ABTA Guidelines and ATOL Terms and conditions; or
- accepting a credit for future travel subject to ABTA Guidelines and ATOL Terms and conditions.
Cancellation:
We will not cancel your Package less than 20 days before your departure date, except for reasons of Events Beyond Our Control or failure by you to pay the final balance.
We may cancel your Package after this date if the minimum number of clients required for a particular Package stated at the time of your booking, is not reached.
If we have to make a significant 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:
- (for significant changes) accepting the changed arrangements; or having a refund of all monies paid; or
- if available and where we offer one, accepting an offer of an alternative Package and/or option (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 we do not hear from you within 7 days, we will contact you again to request notification of your choice. If you fail to respond again, we will assume that you have chosen to accept the change or alternative booking arrangements.
Insurance If we cancel or make a significant change and you accept a refund, we will provide a full refund of your travel insurance premiums if you paid them to us and can show that you are unable to transfer or reuse your policy.
Compensation
In addition to a full refund of all monies paid by you, we may pay you compensation, although that does not exclude you from claiming more if you are entitled to do so.
*IMPORTANT NOTE: We will not pay you compensation in the following circumstances:
a. where we make a minor change;
b. where we make a significant change or cancel your arrangements before your balance due date;
c. where we make a significant change and you accept those changed arrangements or you accept an offer of alternative travel arrangements;
d. where we have to cancel your arrangements as a result of your failure to make full payment on time;
e. where the change or cancellation by us arises out of alterations to the confirmed booking requested by you;
f. where we are forced to cancel or change your arrangements due to Events Beyond Our Control (please see clause 6).
If we become unable to provide a significant proportion of the arrangements that you have booked with us after you have departed, we will, if possible, make alternative arrangements for you at no extra charge and where those alternative arrangements are of a lower standard, provide you with an appropriate price reduction.
26. Our Responsibilities to You in Respect of Package Holidays
(1) We will accept responsibility for the arrangements we agree to provide or arrange for you as an “organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018, as set out below and as such, we are responsible for the proper provision of the travel services specifically included in your Package, as set out in your confirmation invoice and the information we provided to you regarding the services prior to booking. Please note that we shall not be responsible for any additional services provided to you, whether provided by the travel service providers or otherwise, which are not set out in your confirmation invoice and the information we provided to you regarding the services prior to booking.
(2) We will not be responsible or pay you compensation for any personal injury or death unless you are able to prove that it was caused by our negligence or the negligence of our suppliers.
(3) 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 acts and/or omissions of the person affected; or
b. the acts and/or omissions of a third party unconnected with the provision of the services contracted for and which were unforeseeable or unavoidable; or
c. Events Beyond Our Control (as defined in clause 6).
(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 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 up to three times 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.
(c) Claims in respect of international travel by sea and rail, or any stay in a hotel:
i) The extent of our liability will in all cases be limited as if we were carriers under the appropriate Conventions, which The Warsaw/Montreal Convention (international travel by air); The Athens Convention (with respect to sea travel); The Berne/Cotif Convention (with respect to rail travel) and The Paris Convention (with respect to hotel arrangements). You can ask for copies of these Conventions from our offices. Please contact us. In addition, you agree that the operating carrier or transport company's own 'Conditions of Carriage' will apply to you on that journey. When arranging transportation for you, we rely on the terms and conditions contained within these international conventions and those 'Conditions of Carriage'. You acknowledge that all of the terms and conditions contained in those 'Conditions of Carriage' form part of your contract with us, as well as with the transport company and that those 'Conditions of Carriage' shall be deemed to be included by reference into this contract.
ii) In any circumstances in which a carrier is liable to you by virtue of EC 261/2004 (denied boarding and flight disruption), any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier.
iii) When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question.
(5) Subject to these Booking Conditions, if we or our suppliers negligently perform or arrange those services set out in the confirmation invoice and the information we provided to you regarding the services prior to booking and we don’t remedy or resolve your complaint within a reasonable period of time, and this has affected the enjoyment of your Package you may be entitled to an appropriate price reduction or compensation or both. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this Package. The level of any such price reduction or compensation in respect of any claim for damages or compensation whatsoever will be calculated taking into consideration all relevant factors such as but not limited to: following the complaints procedure as described in these Booking Conditions and the extent to which ours or our employees’ or suppliers’ negligence affected the overall enjoyment of your Package. Please note that it is your responsibility to show that we or our supplier(s) have been negligent if you wish to make a claim against us
(6) It is a condition of our acceptance of liability under this condition that you notify any claim to us and our supplier(s) strictly in accordance with the complaints procedure set out in these conditions.
(7) Where any payment is made, the person(s) receiving it (and their parent or guardian if under 18 years) must also assign to us 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.
(8) 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;
(b) relate to any business;
(c) indirect or consequential loss of any kind.
(9) 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.
(10) Where it is impossible for you to return to your departure point as per the agreed return date of your Package, due to “unavoidable and extraordinary circumstances”, we shall provide you with any necessary accommodation (where possible, of a comparable standard) for a period not exceeding three nights per person. Please note that the 3 night cap does not apply to persons with reduced mobility, pregnant women or unaccompanied minors, nor to persons needing specific medical assistance, provided we have been notified of these particular needs at least 48 hours before the start of your Package. For the purposes of this condition, “unavoidable and extraordinary circumstances” may include warfare, acts of terrorism, 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 back to your departure point.
27. Delays, Missed Transport Arrangements & Other Travel Information
If you or any member of your party misses your flight or other transport arrangement, it is cancelled or you are subject to a delay of over 3 hours for any reason, you must contact us and the airline or other transport supplier concerned immediately.
Under UK Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at UK airports and will also be available from airlines. If the airline does not comply with these rules you should complain to the Civil Aviation Authority at www.caa.co.uk/passengers. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your Package price from us. If, for any reason, you do not claim against the airline and make a claim for compensation from us, you must, at the time of payment of any compensation to you, make a complete assignment to us of the rights you have against the airline in relation to the claim that gives rise to that compensation payment. A delay or cancellation to your flight does not automatically entitle you to cancel any other arrangements even where those arrangements have been made in conjunction with your flight.
We cannot accept liability for any delay which is due to any of the reasons set out in clause 6 of these Booking Conditions (which includes the behaviour of any passenger(s) on any flight who, for example, fails to check in or board on time).
The carrier(s), flight timings and types of aircraft shown in this brochure or on our website and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. We shall inform you of the identity of the actual carrier(s) as soon as we become aware of it. You should check your tickets very carefully immediately on receipt to ensure you have the correct flight times. If flight times change after tickets have been dispatched we will contact you as soon as we can to let you know.
Please note the existence of a “UK Air Safety list” (available for inspection at https://www.caa.co.uk/commercial-industry/airlines/licensing/requirements-and-guidance/third-country-operator-certificates/) detailing air carriers that are subject to an operating ban within the UK.
28. Insolvency Protection
Flight Packages
We provide financial security for flight-inclusive Packages and ATOL protected flights by way of our Air Travel Organiser’s Licence number 10836, issued by the Civil Aviation Authority, Gatwick Airport South, West Sussex, RH6 0YR, UK, telephone 0333 103 6350, email: claims@caa.co.uk.
When you buy an ATOL protected product from us you will receive an ATOL Certificate. This lists what is financially protected, where you can get information on what this means for you and who to contact if things go wrong. For further information, visit the ATOL website at www.atol.org.uk. The price of our flight inclusive arrangements includes the amount of £2.50 per person as part of the ATOL Protection Contribution (APC) we pay to the CAA. This charge is included in our advertised prices. Not all travel services offered and sold by us will be protected by the ATOL Scheme. ATOL protection extends primarily to customers who book and pay in the United Kingdom.
We, or the suppliers identified on your ATOL Certificate, will provide you with the services listed on the ATOL Certificate (or a suitable alternative). In some cases, where neither we nor the supplier are able to do so for reasons of insolvency, an alternative ATOL holder may provide you with the services you have bought (at no extra cost to you). You agree to accept that in those circumstances the alternative ATOL holder will perform those obligations and you agree to pay any money outstanding to be paid by you under your contract to that alternative ATOL holder. However, you also agree that in some cases it will not be possible to appoint an alternative ATOL holder, in which case you will be entitled to make a claim under the ATOL Scheme (or your credit card issuer where applicable).
If we, or the suppliers identified on your ATOL certificate, are unable to provide the services listed (or a suitable alternative, through an alternative ATOL holder or otherwise) for reasons of insolvency, the Trustees of the Air Travel Trust may make a payment to (or confer a benefit on) you under the ATOL scheme. You agree that in return for such a payment or benefit you assign absolutely to those Trustees any claims which you have or may have arising out of or relating to the non-provision of the services, including any claim against us, the travel agent (or your credit card issuer where applicable). You also agree that any such claims may be re-assigned to another body, if that other body has paid sums you have claimed under the ATOL scheme.
Non Flight Packages:
We provide full financial protection for our non flight package, by way of a bond held by ABTA Ltd, 30 Park Street, London SE1 9E, membership number Y6118. By being an ABTA Member we are also obliged to maintain a high standard of service to you by ABTA’s Code of Conduct. We can also offer you ABTA’s scheme for the resolution of disputes which is approved by the Chartered Trading Standards Institute. If we can’t resolve your complaint, go to www.abta.com to use ABTA’s simple procedure. Further information on the Code and ABTA’s assistance in resolving disputes can be found at www.abta.com or on request from us.
Non Packages
If you book arrangements other than package holidays from us, your monies will not be financially protected. Please ask us for further details.
Section C - Single Element Bookings
This section applies to all single element bookings (i.e. accommodation only bookings) where your contract is with Just Resorts. You’ll know whether your contract is with us as it will be specified on your confirmation invoice. Please read this section in conjunction with Section A of these Booking Conditions.
29. Pricing
The price of your arrangements will be confirmed on booking. When you have booked and paid your deposit, or the full amount if you book within 12 weeks of departure, the price of your booking as shown on your confirmation invoice is guaranteed, unless you elect to change the confirmed booking. The price of your confirmed booking is also subject at all times to cost changes arising from government action such as changes in VAT or any other government imposed changes; and to changes in the currency exchange used to calculate your arrangements any or all of which may result in a variation of the price of your arrangements.
Occasionally we offer hotel promotional or early booking offers. They are based on special offers where it is necessary to pay the hotel in part or in full at the time of booking, and where those suppliers concerned have booking conditions different to ours. In these circumstances the deposit payment will be the value of the pre-payment amount required for the special offer. If this applies to your booking you will be advised at the time you are quoted and what the deposit will be for your accommodation. The deposit will be non-refundable in the event of cancellation.
30. Changes Made by You
If after confirmation, you wish to change your Single Element booking in any way, the first named person on the booking must notify us by contacting us as soon as possible. We will endeavour to make these changes if they are possible. Where we can meet a request, all changes will be subject to payment of an amendment fee of £25 per person per change, as well as any costs and charges incurred by us and/or incurred or imposed by any of our suppliers in making this change.
Note: Certain Single Element bookings may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%. Alteration could incur a cancellation charge of up to 100% of that part of the arrangements.
31. If You Cancel Your Booking
If you, or any member of your party, decides to cancel your Single Element booking, you must notify us in writing by contacting us as soon as possible. This Your notice of cancellation will only take effect on the day it is received by us. The person to notify us of any cancellation must be the same first named person on the Single Element booking.
Should one or more member of a party cancel, it may increase the per person price of those still travelling and you will be liable to pay this increase. Since we incur costs in cancelling your Single Element booking, you will have to pay the cancellation charges as follows:
| Period before departure within which notice of Cancellation by you is received | Amount of cancellation charge |
| 84 days or more | Loss of deposit |
| 42 days or more | 70% of accommodation cost |
| 30 days or more | 80% of accommodation cost |
| Less than 30 days | 100% of accommodation |
We may in exceptional circumstances be required to cancel your booking. 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 by "force majeure" to change or terminate all or some of your arrangements. 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.
32. If We Change Or Cancel Your Single Element Booking
We may in exceptional circumstances be required to cancel your Single Element 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 such change or cancellation.
Very rarely, we may be forced due to Events Beyond Our Control (please see clause 6) to change or terminate Single Element booking 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.
33. Our Responsibilities for your Single Element Booking
1) Subject to the remainder of this clause, we have a duty to select the suppliers of the services making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the services, except in cases where it is proved that we have breached that duty and damage to you has been caused. Therefore, providing we have selected the suppliers/subcontractors with reasonable skill and care, we will have no liability to you for anything that happens during the service in question or any acts or omissions of the supplier, its employees or agents.
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. 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 £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 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 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.
Section D - Agency Bookings
This section applies to bookings we make for you when acting as agent. Please read this section in conjunction with Section A of these Booking Conditions.
34. Your Contract With The Supplier/Principal
Where we act as Agent, we will arrange for you to enter into a contract with the applicable Supplier/Principal (e.g. tour operator/airline/cruise company/accommodation provider) of your chosen travel booking, as specified in your confirmation invoice.
As Agent, we accept no responsibility for the acts or omissions of the supplier or for the services provided by the supplier. The Supplier/Principal’s Terms & Conditions will apply to your travel booking and we advise you to read these carefully as they do contain important information about your travel booking. Please ask us for copies of these if you do not have them.
35. Cancellation & Amendment By You
Any cancellation or amendment request must be sent to us in writing contacting us as soon as possible], and will take effect at the time we receive it. Please ensure that you have received written confirmation of any changes to your travel booking prior to travel. Whilst we will try to assist, we cannot guarantee that the Supplier/Principal will meet such requests. Amendments and cancellations can only be accepted in accordance with the Terms and Conditions of the Supplier/Principal of your chosen travel booking.
The Supplier/Principal may charge the cancellation or amendment charges shown in their Terms and Conditions (which may be as much as 100% of the cost of the travel booking and will normally increase closer to the date of departure). In addition, you must pay us an administration fee of £25 per booking for any amendments and an administration fee of £25 for cancellations. We will notify you of the exact charges at the time of amendment or cancellation.
36. Changes or Cancellations by the Supplier
We will inform you as soon as reasonably possible if the Supplier/Principal needs to make a significant change or cancellation to your confirmed travel booking. If the Supplier/Principal offers alternative arrangements or a refund, you will need to let us know your choice within the stipulated time frame. If you fail to do so the Supplier/Principal is entitled to assume you wish to receive a full refund. We will also liaise between you and the Supplier/Principal in relation to any alternative arrangements offered by the Supplier/Principal, but we accept no liability for any changes or cancellations made to your travel booking by the Supplier/Principal under your contract with them.
37. Our Responsibility for Your Booking
Your contract is with the supplier and its booking conditions apply. As agent, we accept no responsibility for the actual provision of the arrangements. Our responsibilities are limited to making the booking in accordance with your instructions. We accept no responsibility for any information about the arrangements that we pass on to you in good faith. However, in the event that we are found liable to you on any basis whatsoever, our maximum liability to you is limited to twice the cost of the commission earned in relation to your booking (or the appropriate proportion of this if not everyone on the booking is affected). We do not exclude or limit any liability for death or personal injury that arises as a result of our negligence or that of any of our employees whilst acting in the course of their employment.
38. Complaints For Agencies Bookings
Because the contract for your travel booking is between you and the Supplier/Principal, any queries or concerns about your travel booking should be addressed to them. If you have a problem with your travel booking whilst using them, this must be reported to the Supplier/Principal immediately. If you fail to follow this procedure there will be less opportunity for the Supplier/Principal to investigate and rectify your complaint. The amount of compensation you may be entitled to may therefore be reduced or extinguished as a result. If you wish to complain when you return home, write to the Supplier/Principal. You will see their name and contact details in any confirmation documents we send you.
If you wish to complain about any service we have provided to you (i.e. our booking service) then please contact us directly.
Our aim at La Manga Club Resort is that your holiday is the very best it can be. However, should anything not be to your satisfaction whilst on holiday, we do ask that you give us the opportunity to put it right before the end of your stay by contacting our representatives on resort at the very earliest opportunity, details of which will be included in your holiday documentation. Please remember that once you return home, we no longer can put your holiday right.