ABC Legal – Booking Conditions For Your Timeshare Appointment
Booking Terms and Conditions
By making a booking, the first named person on the booking (the lead name) agrees on behalf of all persons detailed on the booking that:
- he/she has read these terms and conditions and has the authority to and does agree to be bound by them;
- he/she agrees to provide accurate and full information to the remainder of the travelling party in relation to the booking, including any changes thereto;
- 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
We offer accommodation and flights that are available to be purchased separately. In other words, you may decide to just purchase accommodation from us or you may decide to purchase accommodation and a flight, etc. Whatever you decide, we will treat each element as a separate booking so that the price charged in total for the booking of more than one element will always equal the prices charged separately for each individual element. To help you to identify which element you would like to book, prices on our website are listed by element and each element of the booking is available to buy separately at the same price as it would be if more than one element is booked. This means that any multiple bookings do not constitute a package as defined in the Package Travel, Package Holidays and Package Tours Regulations 1992.
Our obligations to you will vary depending upon whether we act as a Principal in the sale of single-element bookings (such as accommodation or flight only bookings), or as a Flight-Plus Organiser; our differing obligations are set out below, in two separate sections: Section A contains the conditions which will apply to all bookings; Section B contains the conditions which will also apply when you purchase a Flight-Plus arrangement from us.
SECTION A – APPLICABLE TO ALL BOOKINGS
Your Timeshare Appointment
The accommodation and flights that we make available for purchase are offered for sale alongside Your Timeshare Appointment (“YTAs”). However, please note, that any flights purchased with YTA are non-refundable. Cancellation conditions may apply from our accommodation providers as well.
Booking and Paying for your Arrangements
A booking is made with us when a) you tell us that you would like to accept our written or verbal quotation; b) you pay us a deposit (or full payment if required at the time of booking or otherwise if you are booking within 60 days of departure); and c) we issue you with a booking confirmation. We reserve the right to return your deposit (or full payment if applicable) and decline to issue a 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.
If your confirmed arrangements include a flight, we will issue you with an ATOL Certificate and a confirmation. Upon receipt, if you believe that any details on the ATOL Certificate or confirmation or any other document are wrong you must advise us immediately as changes cannot be made later and it may harm your rights if we are not notified of any inaccuracies in any document within 24 hours of our sending it out.
The balance of the price for your arrangements (including any applicable surcharge) is due not less than 60 days 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 set out in clause 8 below will become payable.
The price for your arrangements will be confirmed at the time of booking.
We reserve the right to amend the price of unsold arrangements at any time and correct errors in the prices of confirmed bookings.
The price of your confirmed booking is subject at all times to changes in transport costs, such as fuel, which are part of our contracts with transport providers; 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.
We endeavour to ensure that all of the information and prices both on our website and in any advertising material we 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 arrangements that you wish to book before your booking is confirmed. We strive to ensure accuracy of descriptions shown however we are not always able to control all the components of your chosen arrangements and it is possible that an advertised facility may be withdrawn or changed.
Adequate travel insurance is a condition of your contract with us. You must be satisfied that your insurance fully covers all your personal requirements including 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.
Cutting your Booking Short
If you are forced to return home early, we cannot refund the cost of any services you have not used. If you cut short your arrangements 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 arrangements 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.
Changes by you
If you wish to change any part of your booking arrangements after our confirmation invoice has been issued, you must inform us by email to Info@TimeshareCompensation.co.uk 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 administration fee of £79 per person per change as well as any applicable rate changes or extra costs incurred as well as any costs incurred by ourselves and any costs or charges incurred or imposed by any of our suppliers. 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.
Please Note: Certain arrangements may not be amended, even to change a name, after they have been confirmed and any alteration could incur a cancellation charge of up to 100% of that part of the arrangements. If fewer people travel than originally booked there may be extra charges to pay which will be advised to you when you make the changes.
If you Cancel
If you or any other member of your party decides to cancel your confirmed booking you must notify us by email to Info@ABC-Lawyers.co.uk. Your notice of cancellation will only take effect when it is received by us and you should not assume that it has been received unless we acknowledge. You must follow up urgently if you do not receive an acknowledgement. We recommend that you use recorded delivery. Since we incur costs in cancelling your arrangements, you will have to pay the applicable cancellation charges up to the maximum shown below, as well as an administration fee of £95. The cancellation charge detailed is calculated on the basis of the total cost payable by the person(s) cancelling excluding amendment charges which are not refundable in the event of the person(s) to whom they apply cancelling:
Number of days prior to departure when written confirmation is received by us: Cancellation charge as a % of total price of the element(s) of the booking cancelled:
21 days or more 0% (i.e., full refund)
Less than 21 days 100%
Please Note: Flight bookings are non-refundable after they have been confirmed and any cancellation will therefore incur a cancellation charge of 100% of the flight booking.
Cancellation of Your Timeshare Appointment will automatically cancel any flight or accommodation arrangements booked in conjunction with Your Timeshare Appointment, and the above cancellation charges will be imposed accordingly.
If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges.
Please Note: In accordance with the Consumer Contracts Regulations, you are not entitled to a statutory right of cancellation (more commonly known as a ‘cooling-off’ period) and all cancellations by you will be dealt with in accordance with this clause only.
Changes or Cancellations by Us
We may in exceptional circumstances be required to cancel your booking in which case we will provide you with a full refund of all monies paid (except as provided below).
Very rarely, we may be forced by “force majeure” (see clause 10 below) 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.
We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation.
No refund will be paid if we cancel as a result of your failure to make full payment on time or where the change(s) or cancellation by us arises out of alterations to the confirmed booking requested by you.
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(s) of the service(s) 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, the act of any government or other national or local authority, industrial dispute, natural or nuclear disaster, fire, chemical or biological disaster, adverse weather conditions and all similar events outside of our own or the relevant supplier(s) control. Advice from the Foreign Office to avoid or leave a particular country may constitute Force Majeure.
11.1 We have a duty to select the suppliers of the arrangements making up your booking with us with reasonable skill and care. We have no liability to you for the actual provision of the arrangements, 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 booking in question or any acts or omissions of the supplier, its employees or agents.
11.2 We will have no liability for any personal injury that arises during your use of the arrangements, unless any such injury is caused by our negligence. Please note that it is your responsibility to show that we have been negligent if you wish to make a claim against us and whether or not we have acted negligently will be judged in accordance with the local health and safety standards.
11.3 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 act(s) and/or omission(s) of the person(s) affected;
(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.
11.4 We limit the amount of compensation we may have to pay you if we are found liable under this clause in the following ways:
(i) 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 applicable excess on your travel insurance policy because you are assumed to have adequate insurance in place to cover any losses of this kind.
(ii) Claims not falling under (i) above or involving injury, illness or death:
The maximum amount we will have to pay you in respect of these claims is the price paid by or on behalf of the person(s) affected in total.
11.5 It is a condition of our acceptance of liability under this clause that you notify any claim to ourselves strictly in accordance with the complaints procedure set out in these conditions.
11.6 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.
11.7 Please note we cannot accept any liability for:
(i) Any damage, loss or expense or other sum(s) of any description 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
(ii) Any business losses.
11.8 We will not accept responsibility for services or facilities which do not form part of our agreement with you or where they are not advertised on our website. For example, any excursion you book whilst away.
11.9 Nothing in this clause 11 in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this clause 11, any reference to us includes our employees and agents.
Accommodation Ratings, Building & Development Work
All classifications of properties have, wherever possible, been taken from official ratings. We cannot accept responsibility for changes occurring after publication on our website.
We will endeavour to advise you of any building or refurbishment work underway at any property you have booked; we cannot anticipate where work will take place outside of the grounds. We strive to maintain high standards in the accommodation that we offer, and as such there may be the necessity for some ad-hoc and unforeseeable maintenance work.
Any special requests must be advised to us at the time of booking e.g. diet, room location, a particular facility at a hotel etc. You should then confirm your requests by email to Info@TimeshareCompensation.co.uk. 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 to the supplier 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. We do not accept bookings that are conditional upon any special request being met.
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 stay, please provide us with full details before we confirm your booking so that we can try to advise you as to the suitability of your chosen arrangements. 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.
We make every effort to ensure that your chosen arrangements run smoothly but, if you do have a problem during your trip, please inform the relevant supplier (e.g. your hotelier) immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact Complaints@ABC-lawyers.co.uk. If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at ABC Legal, Registered Office: CC Fanabe Plaza 339, Avda Bruselas, Costa Adeje, Spain, 38660 within 28 days of the end of your stay, giving your booking reference and all other relevant information. Please keep your letter concise and to the point. This will assist us to quickly identify your concerns and speed up our response to you. Failure to follow the procedure set out in this clause may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
All guests staying with us are expected to conduct themselves in an orderly and acceptable manner and not to disrupt the enjoyment of other guests. If in our opinion or in the opinion of 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 of our guests or any third party or damage to property, we reserve the right to terminate your booking arrangements 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 or other service immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other service 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 hotel manager or other supplier prior to departure from the hotel. 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 arrangements or with us.
Passport, Visa and Immigration Requirements and Health Formalities
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your booked arrangements. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates and your own doctor as applicable. Requirements do change and you must check the up to date position in good time before departure.
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 HM Passport Office.
Up to date travel advice can be obtained from the Foreign and Commonwealth Office.
Non British passport holders, including other EU nationals, should obtain up to date advice on passport and visa 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 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 passport, visa, immigration requirements or health formalities.
We provide financial security for Flight-Plus bookings (see Section B, below) and ATOL protected flights. We do this by way of a bond held in favour of the Civil Aviation Authority under ATOL number 10829. When you buy an ATOL protected flight or Flight-Plus 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 holiday or 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.
If you book arrangements other than an ATOL protected flight or Flight-Plus from us, your monies will not be financially protected. Please ask us for further details.
The official check in time is 16.00 and check out time is 10.00 on the day of your departure.
We endeavour to make checking into the hotel as easy as possible. Therefore, as per normal hotel check-in procedures, a credit card will be required upon arrival to cover all incidentals and room charges.
Conditions of Suppliers
Many of the services which make up your 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 ourselves or the supplier concerned.
These Booking Conditions and any agreement to which they apply are exclusively governed in all respects by English law. We both agree that any dispute, claim or other matter which arises between us out of or in connection with your contract or booking will be subject to the exclusive jurisdiction of the Courts of England and Wales.
SECTION B – APPLICABLE TO FLIGHT-PLUS BOOKINGS
This section applies to all Flight-Plus Bookings. Please read this section in conjunction with Section A of these Booking Conditions.
What is a Flight-Plus?
A Flight-Plus exists where you book a flight out of the UK, or a flight into the UK where you departed from the UK by another means and on the same day, the day before or the day after, you also book either living accommodation or self-drive car hire, which takes place outside the UK and is supplied under or in connection with your flight. In all cases the services must cover a period of more than twenty-four hours or include overnight living accommodation in order to make them a Flight-Plus. If in connection with the flight, on the same day, the day before or the day after you book the flight, you also book any other tourist services which are not ancillary to flight or living accommodation and which account for a significant proportion of the Flight-Plus, they will also form part of the Flight-Plus.
A Flight-Plus will also exist where on the same day, the day before or the day after you book: a) a non-flight inclusive Package, you book a flight out of the UK, or a flight into the UK where you departed from the UK by another means or b) a flight inclusive Package, where you book accommodation or self-drive car hire outside the UK. Please note that a flight which begins and ends in the United Kingdom will not form part of a Flight-Plus. A Flight-Plus will cease to exist and this clause will not apply if you cancel any component of your Flight-Plus; and as a consequence of that cancellation, the definition of a Flight-Plus is no longer satisfied. Where you book a Flight-Plus, we will be a Flight-Plus Arranger in accordance with the definitions set out in Regulation 25 of The Civil Aviation (Air Travel Organisers’ Licensing) Regulations 2012.
Our Liability for Flight-Plus
In these conditions, the failure or insolvency of a provider will have the meaning prescribed in Regulation 23 of the ATOL Regulations 2012.
If, before your intended departure on a Flight-Plus we become aware that any part of your Flight-Plus will not be provided a) because of the insolvency of any person concerned with the provision of the arrangements making up a Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we will make reasonable endeavours to provide you with suitable alternative arrangements at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of your Flight-Plus.
If, after your intended departure on a Flight-Plus we become aware your flight arrangements will not be provided a) because of the insolvency of any person concerned with the provision of the flight accommodation making up your Flight-Plus or b) because the ATOL holder providing your flight accommodation is insolvent, cannot or will not be able to meet, or will fail to meet its obligations to its customers, we or the CAA will provide you with suitable alternative transport back to the place of departure or to another return point to which you have agreed.
If, after your intended departure on a Flight-Plus we become aware that your living accommodation or self-drive car hire will not be provided because of the insolvency of any person concerned with the provision of the living accommodation or self-drive car hire making up your Flight-Plus, we will provide you with suitable alternative living accommodation or self-drive car hire at no extra cost. If it is impossible to make such arrangements, we will give you a full refund of all monies paid to us in respect of all unused flight accommodation, living accommodation, self-drive car hire and other tourist services forming part of your Flight-Plus.
Where suitable alternative arrangements are provided as set out in this section, we will where appropriate, pay you reasonable compensation, to include any incidental expenses reasonably incurred by you and evidenced by receipts. Compensation will not be payable if living accommodation or self-drive car hire is offered by us and accepted by you with a higher price than that originally booked and is supplied in the same location as originally booked where no additional payment is made by you.
If cancellation occurs for reasons other than relating to insolvency, we will not be liable to pay you compensation and the above options will not be available. As agent, whether or not we have sold you a Flight-Plus, we will not be liable in respect of quality complaints, any general losses, distress or disappointment suffered by you in relation to your booking, and any such claims must be directed to the relevant Supplier/Principal of the element in question. We will not make suitable alternative arrangements or pay you compensation in respect of any tourist services forming part of your Flight-Plus. A refund will be given in respect of these services in the event of insolvency but we will have no further liability.