Terms and conditions
Art in the Algarve is not a “Package Organiser” under the Package Travel and Linked Travel Arrangements Regulations 2018 (PTRs). Art in the Algarve offer for sale single services travel arrangements only.
1. Making your booking.
2. Your contract.
A binding contract between us comes into existence when we dispatch our confirmation invoice via email or post to the person booking the travel arrangements.
3. Law and Jurisdiction.
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).
Adequate travel insurance is a condition of your contract with us. You must be satisfied that you insurance fully covers all your personal requirements including pre-existing medical conditions, cancellation charges, medical expenses and repatriation in the event of accident of 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.
In order to confirm your chosen travel arrangements, 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 travel arrangements cost must be received by us not less than 8 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 12 depending on the date we reasonably treat your booking as cancelled.
6. The cost of your travel arrangements.
We reserve the right to make changes to and correct errors in advertised prices at any time before your travel arrangements are 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 travel arrangements at any time.
7. Special Requests.
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 in writing. Whilst every effort will be made by us to try and arrange your reasonable special requests, we cannot guarantee that they will be fulfilled. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on 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 by us. We do not accept bookings that are conditional upon any special request being met.
8. Disabilities and medical problems.
We are not a specialist disabled travel company, but we will do our utmost to cater for any special requirements you may have. If you or any member of your party has any medical problem or disability which may affect your booking, please provide us with full details before you make your booking so that we can try to advise you as to the suitability of your chosen arrangements. We may require you to produce a doctor’s certificate certifying that you are fit to participate. Acting reasonably, if we are unable to properly accommodate the needs of the person(s) concerned, we will not confirm your booking or if you did not give us full details at the time of booking, we will cancel it and impose applicable cancellation charges when we become aware of these details.
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 reserve the right to terminate your booking with us immediately. In the event of such termination our liability to you and/or your party will cease and you and/or your party will be required to leave your accommodation or other arrangements immediately. We will have no further obligations to you and/or your party. No refunds for lost accommodation or any other arrangements will be made and we will not pay any expenses or costs incurred as a result of termination. You and/or your party may also be required to pay for loss and/or damage caused by your actions and we will hold you and each member of your party jointly and individually liable for any damage or losses caused by you or any member of your party. Full payment for any such damage or losses must be paid directly to the 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 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. Cutting your booking short.
If you are forced to return home early, we cannot refund the cost of any arrangements you have not used. If you cut short your travel and return home early in circumstances where you have no reasonable cause for complaint about the standard of accommodation and services provided, we are unable to offer you any refund for that part of your travel 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 nay claim is made directly with them.
11. Changes made by you.
If you wish to change any part of your booking after our booking confirmation has been issued, the party leader must immediately advise us in writing. 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 an administration fee of £75 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 costs could increase the closer to the departure data 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. Note: certain single service arrangements may not be changeable after confirmation and any alteration may result in a cancellation charge of 100%.
12. Cancellation by you.
Should you or any member of your party need to cancel your travel arrangements 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 cost of travel arrangements
- 41-28 days: – 70% of total cost of travel arrangements
- 27-14 days – 90% of total cost of travel arrangements
- Less than 14 days: – 100% of total cost of travel arrangements.
Cancellation charges are per person cancelling and 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 a member of your party wishes to cancel, this may increase the price per person and you will be liable to pay this increase. Note: certain arrangements may not be amended after they have been confirmed and any alteration or cancellation could incur a cancellation charge of up to 100% of that part of the arrangements in addition to the charge above.
13. Transfer of booking.
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 travel arrangements concerned. You must pay any outstanding balance payment, an amendment fee of £75 per person transferring, as well as any additional fees, charges or other costs arising from the transfer. You and the transferee remain jointly and severally liable for payment of all sums. If you are unable to find a replacement, the cancellation charges set out in clause 12 will apply in order to cover our estimated costs. Otherwise, no refunds will be given for passengers not travelling or for unused services.
14. Changes and cancellation by us.
We start planning the travel arrangements we offer many months in advance. We may in exceptional circumstance be required to cancel your booking in which case a full refund of all monies paid will be made to you. We regret we cannot meet any expenses or losses that you may incur as a result of change or cancellation. Very rarely, we may be forced by force majeure (see clause 15 below) 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 compensation or meet any costs or expenses you incur as a result.
15. 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 but are not limited to, war or threat of war, riot, civil strife, actual or threatened terrorist activity, epidemic, pandemic or any significant risk to human health such as the outbreak of serious disease at the destination, chemical or biological disasters, acts of God, flood, drought, earthquake, any law, guidance or advice issues or any other action taken by a government (local or national), industrial dispute, natural or nuclear disaster, adverse weather conditions, fire and all similar events outside our control.
If we are forced to cancel your booking due to force majeure we will inform you of this as soon as possible and offer you a voucher for the amount paid for the booking. Similarly, if you cancel your booking due to force majeure, please inform us immediately and we will offer you a voucher for the amount paid for the booking. This voucher is subject to the terms in clause 23.
In the unlikely event that you should have cause to complain, please inform the relevant supplier immediately who will endeavour to put things right. If your complaint is not resolved locally, please contact email@example.com If the problem cannot be resolved and you wish to complain further, you must send formal written notice of your complaint to us at our office ideally within 28 days of the end of your stay, giving your booking reference and all relevant information. Failure to follow this procedure may affect ours and the applicable supplier’s ability to investigate your complaint, and will affect your rights under this contract.
You can also access the European Commission Online Dispute Resolution (ODR) platform at http://ec.europa.eu/consumers/odr/. This ODR platform is a means of registering your complaint with us; it will not determine how your complaint should be resolved.
17. Our Responsibility.
Subject to the remainder of this clause, we have a duty to provide the services you have booked with reasonable skill and care. We have no liability to you in except in cases where it is provided that we have breached that duty and damage to you has been caused.
(1) 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.
(2) 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 deathThe 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.
It is a condition of our acceptance of liability that you notify any claim to ourselves and our supplier(s) strictly in accordance with the complaints procedure set out in these booking conditions. Where any payment is made, the person(s) availability (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.
Please note: we cannot accept liability for any damage, loss of expense or other sum 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: or (c) indirect or consequential loss such as loss of anticipated savings and loss of profits.
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.
Nothing in this clause 17 or these booking conditions limits any liability which cannot be excluded or limited under applicable law including liability for fraud or misrepresentation or for any death or personal injury suffered by our, our employees or our supplier’s negligence.
18. Conditions of suppliers.
The services which make up your travel 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 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.
19. Passports and visas.
It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary and destination. 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. 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 travel. 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.
20. Travel and Foreign Office Advice.
You are responsible for making yourself aware of Foreign Office advice in regards to the safety of the countries and areas in which you will be travelling and to make your decision accordingly.
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 to the reasons set out in clause 15 of these booking conditions (which includes the behaviour of any passenger(s) who fails to check in or board on time.
If any provision or part-provision of this agreement is or becomes invalid, illegal or unenforceable, it shall be deemed deleted but that shall not affect the validity and enforceability of the rest of this agreement.
23. Voucher terms.
Any voucher we offer you will be subject to the terms below:
- a) It will be valid for redemption for a period of 12 months from the date of issue;
- b) It cannot be resold, transferred for value or exchanged for cash;
- c) It must be redeemed by the person who is named on the voucher, this will be the lead booker;
- d) where the voucher is used to make a new booking that is then subsequently cancelled for whatever reason, if any refund is due to you it will be refunded back via credit onto the voucher up to the value of the initial voucher.
Please note: we will not be responsible for any voucher that is lost, stolen, destroyed or used without your permission.